TIMES INTERNET LTD. (AMALGAMATED ENTITY OF TIMES BUSINESS SOLUTIONS LTD.) vs. PCIT, DELHI-7 AND ORS
What did the High Court hold?
The Delhi High Court disposed of the writ petition with a specific direction to the respondents. The Court ordered the respondents to take note of the disclosures made in the petitioner's communication dated August 3, 2023, which detailed the merger. Consequently, the respondents were directed to take appropriate steps for revising the refund order and effecting the release of the refund. The Court emphasized that this process should be carried out with due expedition and preferably within a period of four weeks from the date of the order. The primary reasoning was to rectify the administrative issue arising from the refund being issued in the name of an erstwhile entity post-merger, ensuring the petitioner receives their rightful refund.
What were the facts?
The petitioner, Times Internet Ltd. (amalgamated entity of Times Business Solutions Ltd.), filed a writ petition before the Delhi High Court. The petitioner had provided information regarding a merger that took effect on April 1, 2013, prior to an Income Tax Appellate Tribunal (ITAT) order dated September 14, 2018. Despite this, a refund order was drawn in the name of the erstwhile company, Times Business Solutions Limited, and could not be processed. The revenue, represented by PCIT, Delhi-7 and others, acknowledged that a refund order was drawn but could not be given effect to due to the name discrepancy.
What were the issues?
1. Whether the respondents are obligated to revise the refund order and effect the release of refund, considering the merger of Times Business Solutions Limited into Times Internet Ltd. which occurred prior to the ITAT order. Assessee's Contention: The petitioner argued that all facts relating to the merger, which took effect on April 1, 2013, prior to the ITAT order of September 14, 2018, were duly provided to the respondents. They relied on their communication dated August 3, 2023, detailing these facts. Revenue's Contention: The revenue, through learned counsel, apprised the Court that a refund order had been drawn but could not be given effect to as it was made in the name of the erstwhile company, Times Business Solutions Limited.
AI-generated summary — verify with the full judgment below
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1186/2024 TIMES INTERNET LTD. (AMALGAMATED ENTITY OF TIMES BUSINESS SOLUTIONS LTD.) ..... Petitioner Through: Mr. Rajiv Saxena, Ms. Sumangla Saxena and Ms. Niharika Jauhari, Advs.
versus
PCIT, DELHI-7 AND ORS
..... Respondents Through: Mr. Sunil Agarwal, Sr. Standing Counsel along with Mr. Shivansh B. Pandya, Jr. Standing Counsel and Mr. Utkarsh Tiwari, Adv.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR
KAURAV
O R D E R %
19.02.2024
Pursuant to the directions issued by us on the earlier occasion, Mr. Agarwal, learned counsel on instructions apprises the Court that although a refund order has been duly drawn, the same could not be given effect to since it was made in the name of the erstwhile company Times Business Solutions Limited. 2. Mr. Saxena, learned counsel appearing for the writ petitioner draws our attention to the communication of 03 August 2023 to submit that all facts relating to the merger which came into effect on 01 April 2013 and thus prior to the order of the Income Tax Appellate Tribunal [‘ITAT’] of 14 September 2018 had been duly provided to the respondents. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/02/2024 at 12:54:27
In view of the aforesaid, we dispose of the instant writ petition with a direction to the respondents to take note of the disclosures made in the aforenoted communication and to take appropriate steps for revising the refund order and effecting release of refund with due expedition and preferably within a period of four weeks from today. 4. The writ petition stands disposed of on the aforesaid terms.
YASHWANT VARMA, J.
PURUSHAINDRA KUMAR KAURAV, J. FEBRUARY 19, 2024/ RW This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/02/2024 at 12:54:27
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