Court Orders Tax Refund for Petitioner Due to Lack of Communication on Withholding; Section 40(2) Claim Rejected.

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....Refund of the tax paid - as no such communication withholding the refund has been received by the petitioner either before filing of the Writ Petition or during the pendency of the present proceeding - this Court cannot accept the statement made on behalf of the respondents that the 3rd respondent, having exercised powers conferred under Section 40(2) of the Act, has decided to withhold the refund due to the petitioner. - refund to be granted - HC....