2025 (8) TMI 199

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.... in upholding the action of Ld. AO in rejecting the claim of refund citing limitation under section 239 of the Act and in complete departure from the section 219, 237 and 240 of the Act. 2. That in the facts and in the law, departure of Income Tax Department from correct computation of refund required under section 143(1)(c) of the Act cannot vitiate the claim of the Appellant with respect to excess of prepaid taxes over and above the tax payable on the income assessed at the time of filing of return under section 139 of the Act. 3. That under the facts and circumstances of the case, the Ld. CIT (Appeals) had erred in upholding the order of the Ld. AO stating that application under section 154 being against the Assessment Order is time ....

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....ficer. In pursuance of directions of the ITAT the proceedings have been completed by assessing total income of Rs. 4,52,36,200/- an addition of Rs. 10,00,000/- was made. Further the appellant had preferred an appeal before the Ld. CIT(A). However, later on the assessee opted for VSVS Scheme and filed its declaration by surrendering the income of Rs. 10,00,000/-. The assessee has paid all the due taxes liable according to the VSV Scheme. Subsequently, Form-5 under DTVSV was issued to the assessee on 28.12.2021. DTVSV Forms 1,2,3,4 and 5 are attached as Annexure-1. Afterwards a refund of Rs. 25,87,670/- for the AY 2012-13 has been issued by the Ld. Jurisdictional AO by giving the appeal effect and Vivad se Vishwas. 3. The case of assessee is....