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2021 (5) TMI 407 - HC - Income TaxRefund amount remission - jurisdiction as per the Code - whom should the refund amount (ordered to be paid by the Income Tax Department, i.e., revenue) be remitted to? - respondent no.4 is undergoing a Corporate Insolvency Resolution Process, under the Insolvency and Bankruptcy Code, 2016 (Code), before the National Company Law Tribunal - NCLT has appointed a Resolution Professional(‘RP’) - HELD THAT:- RP is working under the sway of the NCLT, we are of the view that, the petitioner needs to approach the NCLT for appropriate directions. Our initial, albeit prima facie view, that the revenue could take a call on the matter, i.e., as to who is the rightful recipient of the refund has undergone a change in view of what has been brought forth by the RP. That being said, it is not inferred from this, that the RP, is right. The petitioner needs to be heard and the NCLT, as observed above, has the jurisdiction as per the Code to rule on the issue Petitioner Mr. Jolly was granted time to obtain instructions in this behalf. Mr. Jolly has obtained instructions. Mr. Jolly submits that he will withdraw the writ petition, and approach the NCLT with an appropriate application. Mr. Jolly says the only concern that the petitioner has, at this stage, is with regard to the time that may be taken for the resolution of the petitioner’s grievance. Given this position, Ms. Satpal says that, if the petitioner were to approach the NCLT, the RP would assist the NCLT in an early disposal of the petitioner’s application. Mr. Sharma submits likewise. In these circumstances, the writ petition is dismissed as withdrawn.
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