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Issues Involved:
1. Entitlement of the assessee to a refund during assessment proceedings. 2. Whether the Assessing Officer can grant a refund under section 143(3) of the Income Tax Act, 1961. Issue-Wise Detailed Analysis: 1. Entitlement of the Assessee to a Refund During Assessment Proceedings: The core issue revolves around the assessee's claim for a refund due to an inadvertent accounting mistake, which led to an excess income declaration. The assessee had credited Rs. 48,000 in the commission account instead of debiting it, resulting in an excess income declaration of Rs. 96,000. The assessee requested that the assessment be framed at Rs. 1,12,940 instead of Rs. 2,08,940. The Assessing Officer rejected this request, stating that a revised return should have been filed under section 139(5) and that no refund could be granted under section 143(3). The CIT(Appeals) directed the Assessing Officer to allow the claim of Rs. 96,000, stating that no revised return was necessary when the genuineness of the mistake was undisputed. The CIT(Appeals) held that the assessee was entitled to a refund during the assessment proceedings. The Revenue appealed against this direction. 2. Whether the Assessing Officer Can Grant a Refund Under Section 143(3) of the Income Tax Act, 1961: The Revenue argued that under section 143(3), the Assessing Officer is required to determine the sum payable by the assessee based on the assessment, and thus, cannot grant a refund. The Revenue cited the C.B.D.T.'s circular No. 549 and decisions from the Hon'ble Bombay High Court and the I.T.A.T., Nagpur Bench, to support their contention. The assessee's counsel argued that section 143(3) mandates the Assessing Officer to assess the total income or loss and determine the tax payable. If the tax paid exceeds the assessed tax, the excess should be refunded. The counsel further pointed out that section 143(4) allows for the adjustment of tax paid prior to regular assessment and that section 237 provides for refunds if the tax paid exceeds the chargeable tax. The Tribunal considered both sides' arguments and the relevant sections of the Income Tax Act. It found that section 143(3) requires the Assessing Officer to assess total income or loss and determine the tax payable. If the tax paid exceeds the assessed tax, the balance should be refunded. The Tribunal emphasized that non-refund of excess tax would amount to confiscation, which is against the principle laid out in Article 265 of the Constitution, stating "no tax shall be levied or collected except by authority of Law." The Tribunal referred to previous decisions by the I.T.A.T., Nagpur Bench, which supported the view that refunds could be granted under section 143(3). The Tribunal also noted that the decision in the case of Niranjan Bhatt, relied upon by the Revenue, was by a Single Member and did not consider earlier contrary decisions by the Division Bench. The Tribunal concluded that the Assessing Officer is empowered to issue refunds under section 143(3) if the tax paid by the assessee exceeds the assessed tax. Consequently, the Tribunal upheld the order of the CIT(Appeals) and dismissed the Revenue's appeal. Conclusion: The Tribunal dismissed both the Revenue's appeal and the assessee's cross-objection, affirming that the Assessing Officer can grant refunds under section 143(3) if the tax paid exceeds the assessed tax. The Tribunal's decision is based on the interpretation of sections 143(3), 143(4), and 237 of the Income Tax Act, and relevant case law.
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