2001 (3) TMI 38 - HC - Income Tax

Court rules refund belongs to petitioner, not late father's dues under Income-tax Act

The court ruled in favor of the petitioner, holding that the Assessing Officer erred in adjusting the refund against the late father's dues under section ... Refund, Adjustment, Not Adjustable, Legal Representative Issues: Refund adjustment against outstanding dues of late father under section 159(1) of the Income-tax Act, 1961.Analysis:The petitioner, an assessee engaged in jewellery and money-lending business, filed for refund following appellate orders partially allowing his appeals against assessments for the years 1986-87, 1988-89 to 1992-93. The Assessing Officer declined the refund, citing outstanding dues of Rs. 37,49,406 from the petitioner's deceased father for the years 1982-83 to 1990-91. The petitioner challenged this decision through a writ petition. The Revenue supported the rejection. The court heard arguments from both parties and examined the legal provisions relevant to the issue. The court found merit in the writ, ruling in favor of the petitioner and quashing the impugned order.The court held that the Assessing Officer erred in adjusting the refund against the late father's dues under section 159(4) of the Act. The refund due to the petitioner was from his personal case and not linked to his late father's case. The Department failed to establish that the refund belonged to the late father and not the petitioner. The court emphasized that the Department must prove that the amount payable to the petitioner is indeed the late father's dues and can only recover these dues from assets inherited by the petitioner as a legal representative.The court stated that the petitioner was claiming his own money from individual assessment cases, not his father's assets. As the Department did not demonstrate any connection between the refund and the late father's dues, the court allowed the petition, setting aside the order declining the refund adjustment. However, the court clarified that the Department could recover the late father's dues from any property now owned by the legal representatives, including the petitioner. The judgment concluded without imposing any costs on either party.