2019 (9) TMI 869

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....ent it seeks to withhold refund consequent to the revised return of income dated 27 March 2019. Leave as sought is granted. Amendment to be carried out forthwith.   Re-verification is dispensed with. Amendment to be carried out on the Respondent copy immediately. 2. This Petition under Article 226 of the Constitution of India seeks : (a) direction to the Respondent - No.1 Deputy Commissioner of Income Tax to process the Petitioner's revised return filed on 27 March 2019 for the Assessment Year 2017-18 under Section 143(1) of the Income Tax Act, 1961 (the Act) and grant the consequent refund of Rs. 72.16 crores alongwith interest thereon; (b) quashing of the notice dated 14 November 2018 issued by the office of t....

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....e is determined under Section 143(1) of the Act. However, that till date no order has yet been passed by the Respondents on the impugned notice dated 14 March 2018. 6. On 27 March 2019 the Petitioner filed a revised return of income for the Assessment Year 2017-18. It revised its income to Rs. 233 crores and sought a refund of Rs. 72.16 crores. This revision of income was on account of retrospective amendment to Section 43AA of the Act and certain other claims. 7. This revised return of income filed on 27 March 2019, has not yet been processed under Section 143(1) of the Act. This inspite of numerous representations on behalf of the Petitioner. Thus leading to the filing of this Petition. 8. The Respondent No.1 - the Assessing Offi....

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....essment is made.". Section 241A of the Act empowers the Assessing Officer to withhold the refund which has become due for reasons stated therein, this only after determining the refund due under Section 143(1) of the Act. It is an undisputed position before us that neither the regular return of income dated 30 November 2017 nor the revised return of income dated 27 March 2019 for the subject Assessment Year has been processed under Section 143(1) of the Act till date. Consequently, the occasion to withhold any refund under Section 241A of the Act at this stage does not arise. Therefore, on the admitted facts the application/invocation of Section 241A of the Act is premature.   10. In view of the admitted position that neither the....