By Ajay R. Singh, Advocate
9 Greatship (India) Limited One International Centre vs. Assistant Commissioner of Income Tax – 5(1)(1) & Others
[Writ Petition No. 1476 of 2022
(Bombay High Court)]
Date of order: 18th July, 2022
S. 245 – Adjustment of refund – Intimation to assessee - Must The petitioner challenges the action of respondent revenue of adjustment in the refund of Rs. 2,22,89,942 for A.Y. 2008-09 arising as consequence and effect of the order of the Income Tax Appellate Tribunal against the alleged outstanding demands for A.Ys. 2014-15 and 2015-16.
The case set up is that Rs. 61,64,649 as refund for A.Y. 2008-09 came to be adjusted for A.Y. 2014-15, which came to the petitioner’s knowledge on 17th November, 2021, when the petitioner downloaded Form 26AS for A.Y. 2014-15, where ‘Part C’ provided details of tax paid (other than TDS/TCS).
The petitioner’s case further is that an amount of R1,61,25,293 came to be adjusted illegally by the respondent No. 2 from the refund determined in favour of the petitioner upon giving effect to the tribunal’s order for A.Y. 2008-09 against the alleged outstanding demand for A.Y. 2015-16. Knowledge of this illegal adjustment was also stated to have been acquired by the petitioner on 17th November, 2021 when the petitioner downloaded Form No. 26AS.
The petitioner urged that the action of Revenue in making adjustments of the refund due was illegal inasmuch as no intimatio
