2014 (11) TMI 650

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....92-93. Similar work was undertaken for other agencies also. While making payments for the job work, the agencies have deducted tax at source, aggregating to Rs. 3,52,721/-. However, the relevant certificates were not issued to the petitioner. On its part, the petitioner paid the tax assessed to it. It made a claim for refund of the amount, to the extent of TDS. After prolonged correspondence, the refund was made on 12-06-2001,  for Rs. 3,52,721/-. The petitioner submitted representations on 24-06-2001 and 23-10-2001, with a request to pay interest under Section 244-A(2) of the Income Tax Act (for short the Act) on the amount, from the due date, till the date of payment. The same was rejected through reply dated 08-01-2002. The petitio....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....refund or adjustment of the same, only on production of the TDS certificate. The Rules framed under the Act mandate that the adjustment of TDS from the tax payable by an assessee can be made only on production of the certificate, issued by the person or agency, which effected the TDS. In the absence of the same, the department cannot be expected to refund or adjust the amount. The TDS from the petitioner was, with reference to about 10 bills, spread over one year. The record does not disclose the nature of steps taken by the petitioner for obtaining the TDS certificates, either from the concerned agencies, or even from the department. It was only in the year 2001, that the petitioner came forward with an affidavit as well as indemnity bond....