Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2018 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (9) TMI 354 - HC - Income TaxDemand of interest - assessee sought adjustment of refunds due to the petitioner against the outstanding demands u/s 245 - refunds processed online - Held that:- The petitioner made an attempt to obtain refund of the said amount of ₹ 110,52,45,145/- on TDS Reconciliation, Analysis and Correction Enabling System (‘TRACES’), an online Portal under the control and supervision of the 1st respondent. However, the petitioner could not succeed in getting its refunds processed online. The provisions of Section 245 of the Act clearly depicts that where under any of the provisions of the Act, a refund is found to be due to any person, the Assessing Officer, Deputy Commissioner (Appeals), Commissioner (Appeals) or Principal Chief Commissioner or Chief Commissioner or Prl. Commissioner or Commissioner, as the case may be, may, in lieu of payment of the refund, set off the amount to be refunded or any part of that amount, against the sum, if any, remaining payable under this Act by the person to whom the refund is due, after giving an intimation in writing to such person of the action proposed to be taken under this section. The authorities ought to have exercised their powers under the provisions of the section-245 of the Act either to refund the amount due or adjust the refund against the outstanding demands for the assessment years 2010-11 to 2013-14. The same has not been done in the present case. Writ petitions are allowed and the respondents are hereby directed to adjust the refund of ₹ 110,52,45,145/- due to the petitioner pursuant to the orders dated 22.12.2017 (Annexures-H-1 to H-4) passed by the 2nd respondent, against the outstanding demands made against the petitioner for the assessment years 2010-11 to 2013-14, in accordance with law as expeditiously as possible
|