1983 (12) TMI 30

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....public limited company registered under the Companies Act, 1956, and is an assessee under the provisions of the I.T. Act, 1961 (hereinafter referred to as " the Act"). The relevant assessment year is 1978-79 and the corresponding previous year is the calendar year ending on December 31, 1977. In the relevant previous year, the petitioner paid advance tax totalling to Rs. 1,38,27,462. On May 5, 197....

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....e to the Uttar Pradesh Government under the Uttar Pradesh Sales of Motor Spirit, Diesel Oil and Alcohol Taxation (Amendment) Act, 1976. The petitioner had filed a writ petition in the Allahabad High Court challenging the levy of purchase tax and the Allahabad High Court had granted an injunction in favour of the petitioner restraining the Government of Uttar Pradesh from realising the purchase tax....

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...., and the ITO had no authority to pass any order whereby any tax can be demanded from the assessee. The submission of the learned counsel is correct and deserves acceptance. Sub-s. (1) of s. 141A of the Act reads as under: " 141A. (1) Where a return has been furnished under section 139 and the assessee claims that the tax paid or deemed to have been paid under the provisions of Chapter XVII-B, ....

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....n makes it clear that the ITO has a power to make adjustment to the income declared in the return by disallowing any deduction which, on the basis of the information available in such return, accounts and documents, is prima facie not admissible. The sub-section also makes it clear that the ITO has power only to grant refund to the assessee and has no power to determine and demand tax. The order p....