Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2023 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (5) TMI 994 - AT - Income TaxInterest u/s. 244A - AO has not granted refunds with appropriate interest to the assessee, who is a Super Senior Citizen - assessee has filed the Return of Income by quoting the wrong PAN Number, but when the refund orders were issued in wrong name the same were returned by the assessee, highlighting the mistake in the PAN No. mentioned by the assessee - HELD THAT:- The assessee claimed the refund based on the TDS of Rs. 2,626 for the AY 2005-06, Rs. 4,222 for the Assessment Yeas 2006-07 and TDS 2,570 for the AY 2007-08 and 5,330 for the Assessment Year 2008-09. The A.O. ought to have verified the claim of above TDS with which PAN Number. From perusal of records the A.O. has not verified in the above TDS. When the assessee has returned the original refund orders made in the name of Harshadrai Chaturbhai Vora and on filing of Indemnity Bond by the assessee, the Revenue ought to have refund the money to the assessee. In this case, we find that the authorities have not exercised both these conditions. Therefore in the interest of justice, we set aside the matter back to the file of the Assessing Officer to verify the TDS claim made by the assessee with appropriate PAN No or otherwise based on the Indemnity Bond, the assessee should be issued with refunds in accordance with law. Appeals filed by the Assessee are allowed for statistical purpose.
|