TMI Blog2019 (9) TMI 869X X X X Extracts X X X X X X X X Extracts X X X X ..... date. Consequently, the occasion to withhold any refund under Section 241A of the Act at this stage does not arise. Therefore, on the admitted facts the application/invocation of Section 241A of the Act is premature. In view of the admitted position that neither the original or the revised return of income for the Assessment Year 2017-18 has been processed under Section 143(1) of the Act, invoking of Section 241A of the Act would be without authority of law. Thus, the impugned show cause notice dated 14 November 2018 is quashed and set aside not only on the above ground but also as the affidavit in reply states that the original return of income stands abandoned, on filing of revised return of income. The impugned notice is in pursua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sioner of Income Tax to process the Petitioner s revised return filed on 27 March 2019 for the Assessment Year 2017-18 under Section 143(1) of the Income Tax Act, 1961 (the Act) and grant the consequent refund of ₹ 72.16 crores alongwith interest thereon; (b) quashing of the notice dated 14 November 2018 issued by the office of the Principal Commissioner of Income Tax Respondent No.3 seeking to withhold the refund due to the Petitioner under Section 241A of the Act for Assessment Year 2017-18 in respect of the original return of income filed on 30 March 2017 by the Petitioner; and (c) quashing of the communication dated 18 July 2019 addressed by the office of Respondent No.3 seeking to withhold refund due to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion of income was on account of retrospective amendment to Section 43AA of the Act and certain other claims. 7. This revised return of income filed on 27 March 2019, has not yet been processed under Section 143(1) of the Act. This inspite of numerous representations on behalf of the Petitioner. Thus leading to the filing of this Petition. 8. The Respondent No.1 the Assessing Officer has filed an affidavit in reply dated 5 August 2019 to this Petition. In its reply it is stated that on the filing of the revised return of income on 27 March 2019, the original return of income filed on 30 November 2017 stands abandoned, thus, the Revenue would now only deal with the revised return of income filed on 27 March 2019 for the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he revised return of income dated 27 March 2019 for the subject Assessment Year has been processed under Section 143(1) of the Act till date. Consequently, the occasion to withhold any refund under Section 241A of the Act at this stage does not arise. Therefore, on the admitted facts the application/invocation of Section 241A of the Act is premature. 10. In view of the admitted position that neither the original or the revised return of income for the Assessment Year 2017-18 has been processed under Section 143(1) of the Act, invoking of Section 241A of the Act would be without authority of law. Thus, the impugned show cause notice dated 14 November 2018 is quashed and set aside not only on the above ground but also as the affida ..... X X X X Extracts X X X X X X X X Extracts X X X X
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