2018 (1) TMI 1001 - HC - Income Tax

Credit of the TDS and tax paid as reflected and accepted in AS-26 claimed - discrepancy between the TDS reflected in AS-26 and the certificate(s) given by the assessee - Held that - This will be examined. In case there is any discrepancy between the TDS reflected in AS-26 and the certificate(s) given by the assessee, the assessee would be asked for explanation and accordingly, the order would be passed. The petitioner will visit the office of the Assessing Officer on 18.01.2018 at 11 30 a.m. along with all the necessary papers and documents. In case of deficiency, same would be pointed out and required documents would be furnished. Once the documents are furnished, the refund order along with interest payable as per law would be issued within a period of 21 days thereafter. Respondent would file a compliance affidavit, in terms of the above directions within six weeks

Issues:
1. Refund discrepancy and unblocked amount payment
2. Entitlement to refund based on appeal effect orders
3. Right to challenge appeal effect orders
4. Payment of interest as per Income Tax Act
5. Non-availability of records and TDS details
6. Examination of TDS credit discrepancies
7. Requirement of visiting Assessing Officer's office for document submission
8. Timeline for compliance affidavit filing and response
9. Next hearing date set for March 5, 2018

Analysis:

1. The judgment addresses the issue of refund discrepancy and unblocked amount payment. The respondents confirmed a partial refund but acknowledged the outstanding balance. The court emphasized the legal duty of the respondents to ensure payment of the unblocked amount, highlighting that interest must be paid until the refund is completed, not just until unblocking.

2. The entitlement to refund based on appeal effect orders is discussed. The petitioner claimed a refund of a specific amount based on these orders, indicating a clear expectation of the refund amount owed to them.

3. The judgment clarifies the petitioner's right to challenge appeal effect orders if aggrieved, emphasizing adherence to legal procedures in case of disputes arising from such orders.

4. The issue of interest payment in accordance with the Income Tax Act is addressed, emphasizing that any denial of interest must be supported by a proper order from the Assessing Officer following legal requirements.

5. Concerning non-availability of records and TDS details, the compliance affidavit highlighted instances where records were missing or TDS details were not uploaded. The petitioner was instructed to provide necessary documents, including an indemnity bond and TDS certificates, to address these discrepancies.

6. The judgment discusses the examination of TDS credit discrepancies, stating that any differences between TDS reflected in AS-26 and certificates provided by the assessee would be investigated, with explanations sought from the assessee before passing any orders.

7. The petitioner was directed to visit the Assessing Officer's office with all required documents by a specified date. Any deficiencies would be identified, and once documents were submitted, a refund order with applicable interest would be issued within 21 days.

8. Specific timelines were set for filing the compliance affidavit and responses, ensuring both parties had adequate time to prepare and present their positions before the next hearing date scheduled for March 5, 2018.

9. The judgment concluded with a re-listing date for further proceedings, providing a structured timeline for the parties involved to comply with the court's directions and address the issues raised effectively.

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