2022 (4) TMI 1513 - HC - Wealth-tax

Refund the amount realized from the bank account of the petitioner, which was realized during the pendency of Appeal - HELD THAT - Upon remand by the learned ITAT the assessment has been completed and order has been passed read with corrigendum wherein the petitioner has been assessed for amount of Rs.2,38,32,860/- and a demand notice has been issued on 31st March 2022 raising a total demand of Rs.71,14,028/- after making necessary adjustment including the adjustment of Rs.36.59 Lakhs which the petitioner was claiming as refund. These statements have been made in the supplementary counter affidavit filed by the respondents. In view of these developments, learned counsel for the petitioner seeks permission to withdraw the writ application in order to seek appropriate remedy in accordance with law.Writ petition is, accordingly, dismissed as withdrawn with the aforesaid liberty.

Summary

Issues:
1. Refund of amount realized during the pendency of Appeal at ITAT.
2. Assessment completion and demand notice issued post remand by ITAT.

Analysis:
1. The writ petition sought a refund of Rs.36.59 Lakhs realized from the petitioner's bank account during the pendency of an appeal at the Income Tax Appellate Tribunal (ITAT), Ranchi. The petitioner contended that no demand existed as of the remand by the ITAT, and the Department should refund the amount. However, subsequent developments revealed that the assessment was completed post remand by ITAT, resulting in a demand notice issued on 31st March 2022 for a total demand of Rs.71,14,028, including the adjustment of the claimed refund amount. The respondents filed a counter affidavit and a supplementary counter affidavit, disclosing these developments. Consequently, the petitioner's counsel sought permission to withdraw the writ application to pursue an appropriate remedy as per the law.

2. Post the remand by the ITAT, the assessment was finalized, and an order was passed on 31st March 2022, with a corrigendum dated 11th April 2022. The assessment determined an amount of Rs.2,38,32,860 payable by the petitioner, leading to a demand notice issued for Rs.71,14,028, which included the adjustment of the previously claimed refund amount of Rs.36.59 Lakhs. The supplementary counter affidavit filed by the respondents highlighted these details, prompting the petitioner's counsel to withdraw the writ petition to pursue the appropriate legal recourse in light of the updated assessment and demand notice.

Therefore, the High Court dismissed the writ petition as withdrawn, granting the petitioner the liberty to seek the necessary remedy in accordance with the law based on the revised assessment and demand notice issued subsequent to the ITAT's remand decision.