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2023 (5) TMI 994 - AT - Income TaxInterest u/s. 244A - AO has not granted refunds with appropriate interest to the assessee, who is a Super Senior Citizen - assessee has filed the Return of Income by quoting the wrong PAN Number , but when the refund orders were issued in wrong name the same were returned by the assessee, highlighting the mistake in the PAN No. mentioned by the assessee - HELD THAT - The assessee claimed the refund based on the TDS of Rs. 2,626 for the AY 2005-06, Rs. 4,222 for the Assessment Yeas 2006-07 and TDS 2,570 for the AY 2007-08 and 5,330 for the Assessment Year 2008-09. The A.O. ought to have verified the claim of above TDS with which PAN Number. From perusal of records the A.O. has not verified in the above TDS. When the assessee has returned the original refund orders made in the name of Harshadrai Chaturbhai Vora and on filing of Indemnity Bond by the assessee, the Revenue ought to have refund the money to the assessee. In this case, we find that the authorities have not exercised both these conditions. Therefore in the interest of justice, we set aside the matter back to the file of the Assessing Officer to verify the TDS claim made by the assessee with appropriate PAN No or otherwise based on the Indemnity Bond, the assessee should be issued with refunds in accordance with law. Appeals filed by the Assessee are allowed for statistical purpose.
Issues involved:
The judgment involves appeals filed by the Assessee against appellate orders passed by the Commissioner of Income Tax (Appeals) related to assessment orders under section 143(1) of the Income Tax Act, 1961 for the Assessment Years 2005-06 to 2008-09. Details of the Judgment: 1. Issue 1: Incorrect PAN Number on Returns The Assessee, a Karta of HUF, filed Returns of Income with the wrong PAN Number. Despite various communications for non-receipt of refund dues, the refunds were issued under the wrong PAN Number. The Assessee requested fresh refund orders with the correct PAN Number, but the Assessing Officer rejected the claim stating no return was filed on the correct PAN. The NFAC dismissed the appeal, noting the mistake in quoting the wrong PAN Number. 2. Issue 2: Dismissal of Assessee's Appeal The NFAC dismissed the Assessee's appeal, stating that the appellant had custody of the refund orders with the wrong PAN Number and suggested a practical resolution for the issue. It was observed that no error was committed by the Assessing Officer, and the grounds of appeal were dismissed. 3. Issue 3: Grounds of Appeal The Assessee appealed against the appellate orders, citing errors in law and facts, rejection of grievance appeal, failure to grant income tax refund, and not granting interest under section 244A of the Income Tax Act. The Assessee argued for the grant of refunds with applicable interest as a Super Senior Citizen. 4. Judgment and Decision After considering the submissions and perusing the record, it was noted that though the Assessee quoted the wrong PAN Number, efforts were made to rectify the mistake by returning the original refund orders and filing an Indemnity Bond. The court found that the Assessing Officer did not verify the TDS claims properly and did not refund the money to the Assessee despite the rectification attempts. The matter was set aside back to the Assessing Officer for proper verification and issuance of refunds in accordance with the law. The appeals filed by the Assessee were allowed for statistical purposes. Order pronounced in the open court on 24-04-2023.
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