9911796707
TMI Blog2024 (9) TMI 1382X X X X Extracts X X X X X X X X Extracts X X X X ..... tax amount in compliance of the order dated 31.01.2022 passed by Income Tax Appellate Tribunal, Indore Bench, Indore along with interest. The facts of the case in short are as follows;- 2. The Assistant Commissioner of Income Tax-TDS initiated proceedings under Section 201 (1)/ (1A) of the Income Tax Act. They assessed the tax liability of Rs.1,90,94,630/- and Rs.10,84,08,460/- (including interest) for the FY 2009-10, FY 2010-11 and 2011-12 from the petitioner for default of non-deduction of tax at source from the payments made on various remittances for purchase, installation and supervision charges. 3. The petitioner challenged the above findings recorded by the Assessment Officer before the CIT (A) who confirmed the demand by uphold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Income Tax Officer, rejected the aforesaid request on the ground that the request for refund for the relevant assessment year can be raised, only if the assessee files its application on the TRACES Portal in the prescribed form i.e. Form 26B and secondly there is no provision available on the TRACES portal to adjust the outstanding demand of PAN or TAN against the pending refunds of the TAN and requested the petitioner to deposit the aforesaid demand, hence, present Writ Petition before this Court. 6. After noticing the respondent filed a reply by submitting that the Centralized Processing Cell (TDS) intimated that functionality of adjustment of refund against the outstanding (TAN/PAN) demand is not presently available at TRACES, therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 240 deals with the refund of any amount that becomes due to the assessee as a result of any order passed in the appeal or other proceeding. Section 240 mandates that the Assessing Officer shall refund the amount to the assessee without his having to make any claim on that behalf in the event of refund becomes due as a result of an order passed in the appeal. Section 243 provides payment of interest on delayed refunds that shall start accruing after the expiry of the period of three months from the date of the order granting the refund. Section 241A has been inserted by Finance Act,2001 w.e.f.01.04.2017 about the withholding of refunds in certain cases but the same would not apply in this case because these assessments are in respect o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al is created to facilitate the stakeholders and not to create hurdles in discharging the statutory duties and the statutory rights. If the Portal does not function in accordance with the Act and Rules then it requires to be suitably modified to achieve the aims and objects of the Act and Rules, therefore, there is a provision in the Income Tax Act about the refund of the amount with interest as well as set off of refund against the tax payable. The petitioner is ready for a refund as well as for set off. It is for the competent Income Tax Officer to make a decision either to refund or to adjust the same. 9. Let the entire exercise be completed within 30 days from the production of a certified copy of this order. 10. With the aforesaid ob ..... X X X X Extracts X X X X X X X X Extracts X X X X
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