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2023 Supreme(Del) 3104

GIRISH KATHPALIA, RAJIV SHAKDHER
Max Life Insurance Company Limited – Appellant
Versus
Assistant Commissioner of Income Tax Circle-10(1), Delhi – Respondent


Advocates appeared:
Mr Ajay Vohra, Sr Advocate with Mr Himanshu S. Sinha, Mr Parash Bishwal, Mr Bhuwan Dhoopar and Mr Jainender Singh Kataria, Advocates, for the Petitioner.
Mr Gaurav Gupta Senior Standing Counsel with Mr Shivendra Singh and Mr Puneett Singhal, Standing Counsels, for the Respondents.

JUDGMENT

[Physical Hearing/Hybrid Hearing (as per request)]

Rajiv Shakdher, J. (Oral)

1. With the consent of learned counsel for the parties, the above- captioned writ petition and application are taken up for hearing and final disposal.

2. The prayers made in the writ petition, in a sense, broadly, articulate the grievance of the petitioner. For the sake of convenience, the substantive prayers made in the writ petition are extracted hereafter:

    "a) issuance of a writ of mandamus directing the Respondents to refund the amount adjusted against the disputed demand for AY 2017-18 in an illegal and arbitrary manner by adjusting the same against the refund for the preceding years i.e. AY 2013-14 and 2014-15; and

    b) issuance a writ of mandamus restraining the Respondents from further recovery of outstanding tax demand for AY 2017-18 until the disposal of appeal filed by the Petitioner before the Commissioner (Appeals);

    c) imposition of exemplary costs on Respondents for carrying out a blatantly illegal recovery of tax against the accepted principles of reasonableness, judicial discipline and law.

    d) For ad-interim reliefs as the Court may deem fit; and

    e) For the costs of this Petition."

3. T

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