1992 (9) TMI 51

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....NI J. - Rule. - Mr. M. R. Bhatt waives service of rule on behalf of the respondent. Having regard to the facts and circumstances of the case, the petition is ordered to be heard today. The petitioner is a public limited company having two factories in the State of Gujarat and one in the State of West Bengal and having its registered office at Baroda. The petitioner prays that the order passed b....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... you as a result of the above order for the assessment year 1991-92 is withheld up to March 31, 1993, or the date of final order of the High Court for the years pending before it, whichever is earlier. " The petitioner contends that, as provided under section 241 of the Act, the respondent has power to withhold the amount of refund, but only the ground that some proceedings are pending under th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ion only empowers the Assessing Officer to invoke the powers under section 241 of the Act. The existence of such condition does not relieve the Assessing Officer from forming an opinion that the grant of refund is likely to adversely affect the Revenue. In the instant case, the order does not show that the Assessing Officer has formed such an opinion and that he came to the conclusion that the gra....