TMI Blog2023 (7) TMI 137X X X X Extracts X X X X X X X X Extracts X X X X ..... his order is uploaded. Also by an order dated 2nd March 2023 respondents were directed to refund the amount to petitioner alongwith interest in accordance with law. The affidavit in reply has been filed admitting Rs. 60,07,99,744/- as payable. Still the order dated 2nd March 2023 has not been complied with. Therefore, notice be issued to respondent no. 1, Director of Income Tax, CPC, returnable on 25th July 2023, as to why contempt proceedings should not be initiated against him. We are issuing contempt notice only against respondent no. 1 in view of what is stated in the affidavit in reply that the CPC is responsible for processing the refund. - WRIT PETITION (L) NO.5321 OF 2023 - - - Dated:- 27-6-2023 - K. R. SHRIRAM FIRDOSH ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tely no impediment for the revenue to make such a deposit. It is stated that all payments are made to the revenue through the said bank account and refunds have been received in the said account for other assessment years which is linked with the pan number and, therefore, it is stated that there is absolutely no justification for the revenue to even have raised any of the objections which are reflected in the communication dated 03rd January, 2023. If that be so, we do not find any reason as to why the amount of refund which is otherwise due and payable should not be paid. Let the needful be done positively within three weeks along with interest in accordance with law. 3. Issue notice. Service waived by Mr. Kumar, learned Counsel for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the demand AY 2014-15 a conversation has been made with the assessee. The assessee has stated that the demand of Rs. 19.51 Cr is already adjusted against the refund amount of Ay 2015-16. Therefore it was requested to CPC that if the same was not adjusted kindly adjust the demand of AY 2014-15 against the refund of AY 2015-16. In respect of Demand of AY 2017-18, further it was also submitted that the Assessing officer has issued stay of demand order against the demand of Rs. 239.23 Cr. Therefore, Please adjust the 20% demand of Rs. 239.23 Cr and release the balance refund of the assessee of AY 2015-16. In response the Assessing Officer received the email from CPC stating that since the option correct and collectible was selected by the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there is a stay of demand. Therefore, the entire refund due for Assessment Year 2015-2016 amounting to Rs. 60,07,99,744/- is payable. 5 After the affidavit in reply was filed by respondent no. 2, petitioner has received an email dated 6th June 2023 from respondent no. 1 stating that the refund of Rs. 60,07,99,744/- for Assessment Year 2015-2016 was fully adjusted against the outstanding demands on 21st April 2023 based on AO response. The amount adjusted is Rs. 44,63,04,561/- for demand of Assessment Year 2012-2013 and Rs. 15,44,95,183/- for demand of Assessment Year 2013-2014. Mr. Mistri states that they do not know what these figures are but at the same time, is right in stating that a stay has already been granted admittedly on 27th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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