9911796707
TMI Blog2000 (5) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... d against Techno Exports in respect of the assessment year 1994-95. The petitioner moved the joint Commissioner of Income-tax (respondent No. 1) for grant of refund. It was communicated to her by the said authority that a notice under section 226(3) has been issued on December 3, 1999, and the refund has been adjusted against the demand raised in the case of Techno Exports and the communication was indicated to be an intimation under section 245 of the Act. It is to be noted that by communication dated December 3, 1999, it was communicated to the petitioner that in her balance-sheet as on December 31, 1998, Rs. 5.02 crores was shown as outstanding from her to U. K. Shukla, partner of the firm, Techno Exports. The said amount was indicate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ove, could not have appeared in the intimation because a reference is made to refund voucher dated December 8, 1999, i.e., four months after the date of intimation. Additionally, what is required to be indicated there is the amount(s) if any required to be adjusted for the purpose of assessment and the explanation therefor. Obviously, adjustment could not have been done in the manner done and in any event with reference to a matter which came into existence after the order of assessment. Further, section 245 of the Act has been pressed into service by the Revenue for the purpose of adjustment. The said provision reads as follows : "245. Where under any of the provisions of this Act, a refund is found to be due to any person, the Assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. All the conditions are cumulative. Further, after the withdrawal of the orders of attachment under section 226(3), there is no scope for further action against the petitioner. Looked at from any angle, the action of the respondents in making adjustment and/or not granting refund flowing from the intimation under section 143(1)(a) of the Act, cannot be maintained in law. Accordingly, we direct the amount to be refunded unless there is any amount due from the petitioner which is to be liquidated. The refund shall be granted within two weeks from today. If the refund is not granted within the stipulated period, it shall carry an interest applicable for refund from December 24, 1999. Petition disposed of. Dasti to both the parties. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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