2022 (7) TMI 905

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....TITION NO. 1476 OF 2022 - -<br>Income 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 c....

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.... against the alleged outstanding, demand for 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 gi....

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....oner had been given prior intimation about the proposed 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 th....

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....e intimation, the officer of the Revenue exercising, powers 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 inti....