Refund entitlement: administrative remittal for inquiry and decision, with notice and duty to consider supporting records.

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....Petitioner's refund claim was remitted to the Principal Chief Commissioner of Income Tax West Bengal & Sikkim to nominate a competent officer (Commissioner rank or above) to conduct an enquiry and decide the refund claim in accordance with law; the officer must issue notice to the petitioner within one week and hear its case. The court directed that if the petitioner is entitled to a refund it must not be denied, while emphasising the petitioner's obligation to maintain supporting documents and the department's responsibility to consider available records. Affidavits were not ordered.....