TaxTMI 
TaxTMI 
2025 (6) TMI 165
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....espect of Assessment Year [AY] 2016-17 and to refund an amount of Rs. 1,16,94,870/- on account of excess tax alongwith interest in accordance with law. 2. The petitioner had filed his original return of income under Section 139 (1) of the Income Tax Act, 1961 [the Act] declaring an income of Rs. 2,39,05,340/-, on 26.08.2016. The Assessee had computed the tax on the said amount at Rs. 80,71,280/- after accounting for the advance tax of Rs. 55,00,000/- and Tax Deducted at Source [TDS] of Rs. 1,42,66,154/-. On this basis, the petitioner computed its refund at Rs. 1,16,94,870/- and claimed the same in terms of the said return. 3. Thereafter, on 10.08.2017, a notice of deficiency was issued to the petitioner under Section 139 (9) the Act by Ce....
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....uctions and unequivocally affirm that: (a) that the Revenue does not have access to any order whereby the petitioner's return has been found invalid after the petitioner had filed a return pursuant to the defects pointed out; (b) that there is no recording of any sought, which records that the return as revised is invalid; (c) that no intimation was sent to the petitioner that its return as revised is defective. 3. Let an affidavit be filed within a period of one week from date. 4. List on 22.05.2025." 8. Pursuant to the aforesaid order, an affidavit was filed on behalf of the Revenue which unequivocally affirms as under: "4. I state: (a) that the Respondent does not have access to any order whereby the petitioner's return has ....
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....e is true and correct. But, it cannot be a ground for the Revenue to totally ignore the same. 11. Mr. Saksena, the learned counsel for the Revenue further submitted that on account of a search conducted in respect of another person, notices under Section 153C of the Act were issued for assessing the petitioner's income for AY 2016-17. The re-assessment proceedings culminated in an assessment order dated 31.05.2023 passed by the Assessing Officer [AO] under Section 153C of the Act, whereby the AO has made an addition of Rs. 76,62,180/- and the petitioner's income has been assessed at Rs. 3,15,67,800/-. 12. He submitted that the petitioner may apply for rectification of the said assessment order to also include the refund and the AO shall p....