2014 (5) TMI 118

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.... the Respondents : Mr. Vinay Kuthiala, Sr. Advocate with Mr. Gaurav, Advocate. ORDER Dev Darshan Sud,J.(Oral). This writ petition has been preferred by the petitioner claiming refund of income tax which the petitioner alleges is not due from her. The pleading is that respondent No.5, who was the employer, could not have deducted a sum of Rs. 26.694/- from the salary which amount was not legit....

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....Rs. 23,561/- in the return filed on 16.9.2004 and relief under Section 89/1 but no relevant documents etc. were furnished though Form No.10E had been submitted. Again, a revised return for the assessment year 2004-2005 was filed on 27.3.2006 where an amount of Rs. 10,617/- was claimed. A sum of Rs. 5,900/- has been refunded to the assessee. The remaining amount of Rs.4,717/- could not be accepted ....

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....e Act, we direct that: (A) Respondent No.4 shall re-consider the case of the petitioner for refund, if any, due in accordance with law save and except that limitation will not be used as ground to bar the petitioner from claiming this amount. (B) Respondent No.5 shall furnish all necessary documents required to respondent No.4.  (C) Before proceeding with the case further, respondent No.4 ....