TaxTMI 
TaxTMI 
2025 (1) TMI 704
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....pondent-authorities are not releasing the refund after passing Order giving effect by the Assessing Officer to the order passed by the CIT (A) and the respondents had already adjusted the refund of the subsequent years. 3. Brief facts of the case are as under: 3.1 The petitioner filed return of income for A.Y. 2017-18 on 28.10.2017 declaring total income at Rs. 2,92,83,040/- and claimed refund of Rs. 1,00,01,050/-. 3.2 Thereafter, the case of the petitioner was selected for scrutiny and assessment order under section 143 (3) was passed on 30.12.2019 determining total income of Rs. 14,36,15,340/- raising a demand of Rs. 4,80,03,395/-. 3.3 Being aggrieved, the petitioner filed appeal before the Commissioner (Appeals). The Commissioner (Ap....
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....022-23 Rs. 66.35 Lakhs AY 2023-24 Rs. 79.10 Lakhs Total Rs. 5,52,16,000 4. This Court passed the following order on 26.11.2024: "1. Heard learned Senior Advocate Mr. S.N. Soparkar with learned advocate Mr. B.S. Soparkar for the petitioner and learned Senior Standing Counsel Mr. Varun K. Patel for the respondents who appears on advance copy. 2. Learned Senior Advocate Mr. S.N. Soparkar for the petitioner submitted that though the CIT (Appeals) has held in favour of the petitioner, the refund due after order giving effect of the order passed by the CIT (Appeals) is not paid in spite of several reminders and the refund is being adjusted by the respondent without any basis for the subsequent year's demand. 3. Learned Senior Stand....
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..../for A.Y. 2017-18 u/s. 220 (2) of the Act is shown. This demand no longer exists due to the tax giving effect order dated 04.03.2024. 2.4 It is further submitted that a second ticket (Ticket No.2667574) was raised on 26.11.2024 and an email was sent to CPC on 05.12.2024, CPC resolved this ticket on 06.12.2024, stating as under "As seen from CPC for the PAN and AY, CPC is unable to issue the refund due to technical issue. Requesting AO to pass rectification order to issue refund." Accordingly, proceedings for re-uploading the rectification order u/s.154 of the Act are ongoing and to be completed shortly within a period of 02 weeks." 6. Time was sought on 10.12.2024 for taking further instruction by the learned advocate for the respond....
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.... as Annexure-R/4) to CPC, Bangalore, followed by telephonic communication, requesting urgent process n of the giving effect order and issuance of the refund. CPC resolved this t= ton 19.12.2024, stating "As verified from the CPC portal for giver '¥ accounting completed by CPC successfully and response shared ITBA. AO still facing any issue kindly contact [TBA help desk. Hence, this ticket is resolved from CPC side." 2.7 Further, as per direction received from CPC, Bangalore a ticket (Ticket No. 2713934) was raised on 19.12.2024 (copy of which is annexed hereto and marked as Annexure-R/S) and a mail was sent to ITA HELPDESK on 19 12 2024 (copy of which is annexed hereto and marked as Annexure-R/6) requesting to ITBA help desk for relea....
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....tled to the refund around to Rs. 80,00,000/- [Rs.2,01,35,322-1,23,00,000/-] (subject to verification and accurate computation along with eligible interest). 11. The respondent-Assessing Officer has already made adjustment of the refund for the subsequent years as stated here-in- above at Rs. 5,52,16,000/- as stated above. Therefore, ADMITTEDLY, the petitioner is entitled to refund at least of principal amount of Rs. 6,32,16,000/- (Rs. 80,00,000/- + Rs. 5,52,16,000) with cost rounded of to Rs. 6.30 Crore. 12. This amount of Rs. 6.30 Crore is subject to enhancement of eligible interest and verification of applicable rate of tax. Accordingly to us, the respondent is liable to refund at least Rs. 6.30 Crore subject to final calculation of ref....