2022 (7) TMI 905

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....come Tax<br>DHIRAJ SINGH THAKUR AND ABHAY AHUJA, JJ. Mr. Jeet Kamdar i/b Mr. Atul K Jasani for petitioner. Mr. Akhileshwar Sharma for the respondents-revenue PER DHIRAJ SINGH THAKUR, J. : 1. By this petition, the petitioner challenges the action of respondent No.2 of adjusting, the refund of Rs.2,22,89,942/- for the assessment year 2008-09 arising, as consequence and effect of the order of the....

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....the assessment year 2015-16. Knowledge of this illegal adjustment was also stated to have been acquired by the petitioner on November 17, 2021 when the petitioner downloaded the Form No.26AS. 4. Learned counsel for the petitioner urged that the action of respondent No.2 in making, adjustments of refund due was illegal inasmuch as no intimation was given to the petitioner as was the requirement in....

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....osed adjustment in terms of section 245 of the Act, 1961. 7. Section 245 of the Act, 1961 envisages that when a refund is found to be due to any person under any of the provisions of the Act, 1961, the Revenue can set off/adjust the amount to be refunded or any part of that amount, against the sum which remains payable under the Act, 1961 by the person to whom the refund is due, after giving, an ....

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....wers under section 245 of the Act, 1961 must record reasons why the objection was not sustainable and also communicate it to the said party and that this would ensure that the power of adjustment under section 245 of the Act is not exercised arbitrarily. 9. In the present case, it can be seen that the allegation that there was no prior intimation under section 245 of the Act has remained unrebutt....