2022 (12) TMI 758

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....oner. Mr. Suresh Kumar, Advocate for the Respondents. ORDER P.C: The case of the Petitioner is that the return of income was filed under Section 199(1) of the Income Tax Act, 1961 (the Act)) declaring a total income of Rs.8,65,98,490/-, on which total tax alongwith interest and fee payable was Rs.2,17,80,008/- as against which the Petitioner it is stated had paid tax to the tune of Rs.....

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....- Revenue states that since Section 149(1) of the Act itself provides nine months period which is to expire only on 91st December, 2022, no mandamus can be issued in exercise of powers under Article 226 of the Constitution of India, and, therefore, the Petitioner does not have any right to seek the processing of its return before the said period at this stage. Per contra, learned Counsel for the P....

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....vation considering the anxiety of the Petitioner assessee that as against the tax liability of only Rs.2,17,80,008 /-, an amount of Rs.19,70,78,266/- is lying with the Revenue, out of which according to the Petitioner, an amount of Rs.17,52,98,260/- is due and payable to it as refund. Learned Counsel for the Petitioner vehemently urged that withholding of such huge amount prejudices the rights of ....