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2023 (2) TMI 924 - HC - Income TaxRefund of pre-deposit - ITAT on 21.10.2014 passed remand order - the authorities were required to pass fresh assessment by 31.03.2017 - But, order was not passed by that time - writ petition claiming refund after deduction of tax liability on the admitted depreciation disallowance - HELD THAT:- The issue is no more res integra. This Hon'ble Court in Deep Chand Jain [1983 (8) TMI 52 - PUNJAB AND HARYANA HIGH COURT] wherein as entirely concur in the view taken by Chandrakantaraj Urs, J. in R. Gopal Ramnaryan's case [1980 (6) TMI 23 - KARNATAKA HIGH COURT] to the effect that until and unless the quantum of tax is determined in accordance with the procedure laid down by law, the revenue has no right to collect the tax, and, if tax, by way of advance tax or on self-assessment or having been deducted at source, has been paid by the petitioner, the same cannot be retained contrary to the requirements of article of the Constitution. In the present case, admittedly, no assessment order has been passed nor any assessment order could be passed, the same having been barred by the provisions of Section 153(1)(a)(iii). Said view has further been followed by Division Bench of this Court in the case of Bharti Engineering Corporation vs. Union of India [2006 (5) TMI 52 - PUNJAB AND HARYANA HIGH COURT]] Resultantly in light of the consistent view of this Court, the present writ petition is allowed. Respondents are directed to refund the excess amount deposited by the petitioner after deducting tax liability qua depreciation disallowance which stands admitted by the petitioner before Tribunal within 30 days from the date of receipt of certified copy of this order. The petitioner will also be entitled to statutory interest on such amount to be calculated for period starting from 01.04.2017 till the date of actual payment.
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