Disposed

M/S. Kashish Developers Ltd. Thr Its Authorized Signatory Cum Chief Financial Officer Niraj Kumar v. the Union of India, through Commissioner of Income Tax (T.D.S.), Ranchi

Jharkhand HC17 Feb 2026WPC/601/2026

Case brief

AI extract

What is this about?

Petitioner sought implementation of a CIT (Appeals) order and refund of its TDS assessment. Respondents had passed an implementing order manually; court permitted the petitioner to apply physically, directing disposal with hearing on adjustments by 30 April 2026.

What did the court decide?

Permission to file physical application for refund/implementation; respondents to consider it by 30.04.2026 with hearing before any adjustment.

M/S. Kashish Developers Ltd. Thr Its Authorized Signatory Cum… — Income Tax | Jharkhand HC (2026)

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2026:JHHC:4548-DB

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (T) No. 601 of 2026

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M/s. Kashish Developers Limited, (a company registered under the Companies Act, 1956/2013), having its registered office at 87, Old A.G. Colony, Kadru P.O. Doranda, P.S. Argora, District Ranchi (Jharkhand), PIN 834 003, through its Authorized Signatory cum Chief Financial Officer, namely, Niraj Kumar, aged about 48 years, son of Vishwanath Mishra, resident of 11-A, Saket Nagar, Near Royal Public School, Hinoo, P.O. and P.S. Doranda, District Ranchi, PIN 834002 (Jharkhand).

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Versus

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Union of India, through Commissioner of Income Tax (T.D.S.), Ranchi, having its office at 'Aaykar Bhawan', Central Revenue Building, Main Road, P.O. Chita, P.S. Kotwali, District Ranchi-834001 (Jharkhand). 2. Joint Commissioner of Income Tax (T.D.S.), Ranchi, having its office at 'Aaykar Bhawan', Central Revenue Building, Main Road, P.O. Chita, P.S. Kotwali, District Ranchi-834001 (Jharkhand).

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Deputy Commissioner of Income Tax, T.D.S. Circle, Ranchi, having its office at ‘Aaykar Bhawan', Central Revenue Building, Main Road, P.O. Chita, P.S. Kotwali, District Ranchi-834001 (Jharkhand). 4. Assistant Commissioner of Income Tax, T.D.S. Circle, having its office at 'Aaykar Bhawan', Central Revenue Building, Main Road, P.O. Chita, P.S. Kotwali, District Ranchi-834001 (Jharkhand).

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… … … Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR

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--------For the Petitioner: Mr. Sumeet Gadodia, Advocate Mr. Ranjeet Kushwaha, Advocate Miss. Shruti Shekhar, Advocate Miss Sanya Kumari, Advocate Miss. Nidhi Lall, Advocate For the Respondents: Mr. Kumar Vaibhav, Sr. S.C. Mr. Anurag Vijay, Jr. S.C. Mr. Durgesh Agarwal, Advocate --------- 02 /Dated: 17.02.2026

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Heard learned counsel for the parties.

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By instituting this petition, the petitioner has sought for implementation of the order in appeal dated 28.07.2021 passed by the Commissioner of Income Tax (Appeals) and to pass consequential revised Assessment Order/Rectification Order with respect to TDS assessment of the petitioner company for the financial year 2017-18.

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The learned counsel for the petitioner submits that after the institution of this petition, the respondents have passed an order dated 19.01.2026 giving effect to the order dated 28.07.2021. However, though this order is made, actual effect is not given till date.

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2026:JHHC:4548-DB

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The learned counsel for the respondents submits that order dated 19.01.2026 was made manually and therefore, it was not possible to give automatic effect by way of refunds etc. He submitted that there may be certain dues payable by the petitioner, which will have to be verified and if necessary adjustments made. On instructions, he submits that in this particular case, the petitioner may make an application for refund/implementation of the order dated 19.01.2026 in the physical form. He further states on instructions that if such an application is made, the same will be considered and disposed of in accordance with law expeditiously.

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Accordingly, we permit the petitioner to apply for refund/implementation of the order dated 19.01.2026 in the physical mode. Such application should be considered and disposed of by the 3^rd respondent as expeditiously as possible and in any event by 30^th April 2026. If there is any proposal to make adjustments etc,, then, the petitioner will have to be given an opportunity of hearing.

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All these exercises must be completed before 30^th April 2026 because if the petitioner, who has succeeded in appeal, is entitled to refunds, then, the same should not be unnecessarily delayed.

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All contentions of all parties on merits are however left upon.

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This petition is disposed of in the above terms, without any order for costs.

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All concerned to act on an authenticated copy of this order.

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(M.S. Sonak, C.J.)

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(Rajesh Shankar, J.)

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February 17, 2026 N.A.F.R.

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APK/VK Uploaded on 19.02.2026

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M/S. Kashish Developers Ltd. Thr Its Authorized Signatory Cum Chief Financial Officer Niraj Kumar v. the Union of India, through Commissioner of Income Tax (T.D.S.), Ranchi

Case brief

What is this about?

What did the court decide?

M/S. Kashish Developers Ltd. Thr Its Authorized Signatory Cum Chief Financial Officer Niraj Kumar v. the Union of India, through Commissioner of Income Tax (T.D.S.), Ranchi

Case brief

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What did the court decide?

What the court decided

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Issues for consideration

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Coram

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