2010 (12) TMI 961

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....her appropriate writ, order or direction under Article 226/227 of the Constitution of India, calling for the records of the case, quash impugned order dated 23.02.2007 passed by Respondent No.3, read with intimation dated 09.05.2007 issued by Respondent No.1 refusing to refund the tax of Rs.40,65,917/- and Rs.51,59,393/- paid by petitioner by way of TDS for assessment years 2002-03 and 2003-04.   (ii) A writ of mandamus or writ, order or direction in the nature of mandamus or any other appropriate writ, order or direction under Article 226/227 of the Constitution of India, directing Respondents particularly Respondent No.1 and 2 to refund the tax of Rs.40,65,917/- and Rs.51,59,393/- paid by petitioner by way of TDS for assessment year....

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....persession of the earlier instruction on the subject, the following procedure is laid down to regulate the refund of such excess payments.   3. The excess payment would be the difference between the actual payment made by the deductor and the tax deducted at source or that deductible, whichever is more. This amount should be adjusted against the existing tax liability under any of the Direct Tax Acts. After meeting such liability the balance amount, if any, should be refunded to the assessee.   4. Where the tax is deducted at source and paid by the branch office of the assessee and the quarterly statement/annual return (in case of salaries) of tax deduction at source is filed by the branch, such branch office would be treated as....

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....e particulars of adjustment/refund should be done in the quarterly statement of TDS/annual return (in case of salaries) under the signatures of the ITO at the end of the statement, i.e., below the signatures of the person furnishing the statement.   7. This may please be brought to the notice of all officers under your charge.   8. A copy of this circular is also being endorsed to the Chambers of Commerce, etc., for information of the taxpayers.   Yours faithfully, (Sd.)   S.R. Wadhwa   Director, Central Board of Direct Taxes.   [F. No. 275/77/79-IT(B)]"   4. Mr. Abhishek Maratha, learned counsel for respondent nos. 1 to 3 did not dispute that the TDS amount was refundable but submitted that the ref....