2016 (12) TMI 498

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....a, the petitioner prays for the following reliefs: "(a) that this Hon'ble Court be declare that the provisions of subsection (1D) of section 143 of the Income Tax Act, 1961 is unconstitutional and hence, liable to be struck down; (b) that this Hon'ble Court be pleased to declare that the impugned Instruction/Circular No.1 of 2015 dated 13.1.2015 issued by the Central Board of Direct Taxes is illegal, void and unsustainable in law and accordingly is liable to be set aside; (c) that this Hon'ble Court be pleased to issue a Writ of Certiorari or a writ in the nature of Certiorari or any other writ, order or direction under Article 226 of the Constitution of India calling for the records pertaining to the Petitioner case and....

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....r of Income Tax and the Deputy Commissioner of Income Tax. 5. The petitioner claims that it is engaged in providing customer interaction, back office and related services. They are claimed to be in the nature of information technology/enabled services. The petitioner claims to be known as and operates by the name "Aegis Group of Companies". For the Assessment Year 2014-15, the petitioner filed its return of income electronically on 26-11-2014. It declared a total loss of Rs. 28,14,68,635/, including long term capital loss of Rs. 26,45,57,970/while claiming a refund amounting to Rs. 19,75,98,310/. This return was required to be processed, according to the petitioner, in terms of the second proviso to subsection (1) of Section 143 of the Inc....

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....refunds, the respondents are denying them the same in the garb of Section 143(1D) and the CBDT Instruction. This selective approach also prejudices the petitioner. 10. It is in the above factual background and reply of respondent No.4, which proceeds on the footing that the return of income for the Assessment Year 2015-16 was filed electronically on 27-11-2015 declaring a certain loss while claiming a refund of taxes, a notice was issued. A representation for processing of the refund was filed and its pendency being not disputed, that we called upon both sides to take appropriate instructions. 11. Mr. Chopra, learned counsel appearing for the petitioner, on instructions, submits that if this Court were to direct the processing of the refu....