Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2019 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (7) TMI 549 - HC - Income TaxRefund of income tax - Petitioner filed a revised return which also gave rise to refund claim - revenue ignoring process the return u/s 143(1) instead issued a notice of scrutiny assessment u/s 143(2) - HELD THAT:- Petitioner was informed that the refund cannot be issued in view of Section 143(1D), since notice u/s 143(2) of the Act is already issued. A reference is also made to a draft assessment order for the year under consideration, which if ultimately finalized would give rise to a tax demand from the Petitioner instead of department paying refund. We would notice, as per different decisions of this Court and other High Courts, none of these grounds will be sufficient to enable the Respondents to withhold the refund arising out of the said return for the assessment year 2015-16. see Group M. Media India (P) Ltd. V/s. UOI [2017 (1) TMI 1149 - BOMBAY HIGH COURT] ; Tata Projects Limited V/s. Dy. CIT 2017 (12) TMI 1525 - BOMBAY HIGH COURT] ; Tata Teleservices Ltd. V/s. CBDT [2016 (5) TMI 724 - DELHI HIGH COURT] As per the settled law, the Respondents cannot avoid processing the return u/s 143(1) and granting refund to the Petitioner if due as per such return. The Respondents have not cited justifiable reasons why such refund cannot be released. Respondents are directed to process the return u/s 143(1) and release refund if due, with statutory interest as payable within one month from the date of receipt of copy of this order.
|