2000 (5) TMI 36

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....the refund due to her against a dema nd purported to have been raised against Techno Exports in respect of the assessment year 1994-95. The petitioner moved the joint Commissioner of Income-tax (respondent No. 1) for grant of refund. It was communicated to her by the said authority that a notice under section 226(3) has been issued on December 3, 1999, and the refund has been adjusted against the demand raised in the case of Techno Exports and the communication was indicated to be an intimation under section 245 of the Act. It is to be noted that by communication dated December 3, 1999, it was communicated to the petitioner that in her balance-sheet as on December 31, 1998, Rs. 5.02 crores was shown as outstanding from her to U. K. Shukl....

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....9, about which there is no dispute, explanation for adjustment, quoted above, could not have appeared in the intimation because a reference is made to refund voucher dated December 8, 1999, i.e., four months after the date of intimation. Additionally, what is required to be indicated there is the amount(s) if any required to be adjusted for the purpose of assessment and the explanation therefor. Obviously, adjustment could not have been done in the manner done and in any event with reference to a matter which came into existence after the order of assessment. Further, section 245 of the Act has been pressed into service by the Revenue for the purpose of adjustment. The said provision reads as follows : "245. Where under any of the provis....