SUN PHARMACEUTICAL INDUSTRIES LTD. vs INCOME TAX OFFICER & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 21 October 2024 Judgment pronounced on 31 January 2025 + W.P.(C) 8444/2018 SUN PHARMACEUTICAL INDUSTRIES LTD. .....Petitioner Through: Mr. Ajay Vohra, Sr. Adv. with Mr. Rohit Jain, Mr. Aniket D. Agrawal and Mr. Abhishek Singhvi, Advs. versus INCOME TAX OFFICER & ANR. .....Respondent Through: Mr. Vipul Agrawal and Mr. Sanjay Kumar, SSC with Mr. Gibran Naushad and Ms. Sakshi Sherwal, Advs. CORAM: HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT YASHWANT VARMA, J. 1. The writ petitioner impugns the order dated 27 March 2018 in terms of which the respondent has come to reject applications filed by it seeking refund of excess tax wrongly deducted and deposited under Section 195 of the Income Tax Act, 19611. The applications themselves pertained to Financial Years2 2010-11 to 2012-13. Since the respondent has also held against the petitioner for a perceived delay in the filing of those applications, the petitioners also mount a challenge to Circular No. 07/2007 dated 23 October 2007 issued by the Central 1 Act 2 FY Signature Not Verified Digitally Signed W.P.(C) 8444/2018 Page 1 of 69 By:KAMLESH KUMAR Signing Date:31.01.2025 18:34:51 Board of Direct Taxes3 and which had introduced a prescription of limitation for the institution of such refund applications. The respondent has held against the writ petitioner not only on the ground that the applications were barred by time but also on the basis of those applications not being liable to be granted on merits. In consequence to the challenge as raised, the petitioners also seek an appropriate direction for refund of the excess tax that had come to be deposited. 2. The respondent, while dealing with those applications has firstly allud