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2022 (12) TMI 758 - BOMBAY HIGH COURTRefund claim - time limit for processing a return under 149(1) - Revenue states that since Section 149(1) of the Act itself provides nine months period which is to expire only on 91st December, 2022, no mandamus can be issued in exercise of powers under Article 226 of the Constitution of India, and, therefore, the Petitioner does not have any right to seek the processing of its return before the said period at this stage - HELD THAT:- While it may be true that Section 149(1) of the Act does prescribe a period of nine months for the Assessing Officer (A.O.) to process the return filed by an assessee under Section 199(1), yet in our opinion the limit so prescribed is an outer limit, which does not in any manner prevent the A.O. from processing the case of the Petitioner at an earlier date. A.O. must come out with reasons, as to why the case of the Petitioner has not been processed, notwithstanding the fact that the period which is available to him is yet to expire on 91st December, 2022. We are making this observation considering the anxiety of the Petitioner assessee that as against the tax liability of only Rs.2,17,80,008 /-, an amount of Rs.19,70,78,266/- is lying with the Revenue, out of which according to the Petitioner, an amount of Rs.17,52,98,260/- is due and payable to it as refund. Let an affidavit be filed by Respondent No. 9 Director of Income Tax, Centralised Processing Centre, Bengaluru giving reasons as to the date the return was filed by the Petitioner assessee and whether the same is under process or not, and if not, the reasons thereof.
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