TaxTMI 
TaxTMI 
2024 (3) TMI 546
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....for the petitioner and learned counsel appearing for respondents and peruse the material on record. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned Senior Counsel invited my attention to Annexure-A, the order passed by the Authority for Advance Rulings (Income Tax), New Delhi, whereby the claim of the petitioner was rejected by the Authority. In pursuance of the same, the petitioner filed its returns for the assessment year 2017-18, 2018-19 and 2019-20 and paid taxes under protest in view of the Rulings of aforesaid Authority. The said order of AAR having been challenged by the petitioner before the Hon'ble Apex Court in the case of ENGINEERING ANALYSIS CENTR....
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....65 submits that since there is no error apparent on the face of record in the income tax returns originally filed by the petitioner, the question of invoking Section 154 of I.T. Act and seeking rectification and consequent refund would not arise in the facts of the instant petition, which is liable to be dismissed. It is also submitted that respondents have filed R.P. No. 1422-1497/2021 seeking review of aforesaid judgment of Hon'ble Apex Court and on this ground also, the present petition is liable to be dismissed. 7. A perusal of the impugned order will indicate that main ground on which the Trial Court has rejected the rectification applications by coming to the conclusion that Section 154 of the I.T. Act was not applicable to the a....
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....x returns filed by the petitioner pursuant to the order of Advance Rulings Authority. 9. A perusal of the material on record will also indicate that it was only after the order was passed by the Advance Rulings Authority, the petitioner filed its returns and paid taxes, that too under protest. It is also an undisputed fact that, it is only after said order of Advance Rulings Authority being reversed by the Hon'ble Apex in the case of ENGINEERING ANALYSIS CENTRE OF EXCELLENCE PRIVATE LIMITED (supra) that the petitioner filed instant rectification applications seeking rectification of returns and consequently refund of taxes paid by the petitioner. Under these circumstances and in the light of the circular referred to supra and the judgm....