2013 (3) TMI 375

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...., Ashok Kumar JUDGEMENT:- 1. Heard Sri Rakesh Ranjan Agrawal, for the petitioner and Sri Ashok Kumar, Senior Standing Counsel for the respondents. 2. The petitioner has filed the aforementioned writ petition for quashing the order dated 31.01.2007 passed by the Chief Commissioner of Income-tax, Kanpur (respondent-1) by which the application for refund of the petitioner has been rejected, ....

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....Assessment Year 1997-98 and deposited Rs. 95,223/- as self assessed income tax along with the return. Assessing Officer by assessment order dated 01.03.2000 assessed the income tax of Rs. 7,53,223/ for the Assessment Year 1997-98 and made demand of the aforesaid amount from the petitioner. The petitioner in pursuance of the aforesaid demand deposited Rs. 1,34,840/- on 10.05.2000. The Assessing Off....

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....7.08.2003 and assessed taxable income of the petitioner to Rs. 2,01,417/- as against Rs. 12,70,410/- originally assessed. On this amount he calculated the amount of income tax to Rs. 94,432/- and issued refund slip of Rs. 791/- as Rs. 95,223/- was originally deposited as income tax along with the return. 5. The petitioner filed representation before the Assessing Officer bringing to his notice ....

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.... Kanpur, who was the key person of the group of the companies, refund of the petitioner was adjusted towards the dues of M/S Narain Properties Ltd. 7. We have considered the arguments of the counsel for the parties. Section 245 of the Act provides that where any refund is due to any person, the Income-tax authorities may set off the amount to be refunded against any sum remaining payable under ....