A Delhi High Court Bench led by Justice Rajiv Shakdher noted the submissions of counsel Abhishek Maratha, appearing for revenue, that the refund along with applicable interest, will be remitted to the Anil Agarwal company. It placed the matter for compliance of the order on October 30.
Vedanta in August had moved the high court alleging that the department had not remitted its determined refund of over Rs 190.23 crore for AY 2021-22.
The company sought a direction to the revenue to adjust the refund amount against an outstanding demand raised by the department for the AY 2011-12.
Vedanta through senior counsel Ajay Vohra had argued that the new demand had been stayed by Bombay High Court in February 2013.
Justice Shakdher in its short order noted that the Bombay HC judgment indicated that conditional stay was granted, which was linked to the proceedings pending with an income tax tribunal for assessment year 2009-10. While Vedanta contended that it had succeeded in the proceedings concerning AY 2009-10, right up to the Bombay HC, the Delhi HC sought response from the department on the company’s submissions.The tax department also assured the bench that it would to look into the issue whether the amount, along with applicable interest, should be remitted to Vedanta without any adjustment.