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2023 (10) TMI 721 - MADRAS HIGH COURTRecovery of refund claim - arrears of the petitioner's sister concern, Tvl.Eagle Earth Movers - attachment of bank account - HELD THAT:- In the present case, for the liabilities of Tvl.Eagle Earth Movers, bank account of the petitioner was attached and thereafter, the impugned liability of petitioner's sister concern was also realised. This Court already set aside the impugned order of assessment passed against the petitioner's sister concern, quantifying the liability of Rs. 81,53,038/- in respect of the assessment years 2012-13, 2013-14 and 2014-15. Now doubt, after the business succession agreement, the petitioner's sister concern continued with the TIN No. till 2015, however, it has not carried any business after the business succession agreement for three assessment years. In this regard, the petitioner's sister concern also filed Nil returns, based on which, assessment was set aside. In view of the order passed by this Court in setting aside the assessment made against the petitioner's sister concern, and the amount realized out of the attachment of the petitioner's bank account, Axis Bank, to an extent of Rs. 81,53,038/-, is liable to be refunded. Therefore, this Court is inclined to pass orders, directing the respondent to refund the amount, as prayed for by the petitioner. This Court is inclined to grant the relief sought for by the petitioner, since what the petitioner seeks for is only for refund of the amount appropriated by the respondent-Department from the bank account of the petitioner, in respect of the alleged arrears of the petitioner's sister concern - this Writ Petition is disposed of by directing the first respondent to refund the sum of Rs. 81,53,038/- to the petitioner’s bank account within a period of six weeks from the date of receipt of a copy of this order. Petition disposed off.
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