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2019 (9) TMI 923

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..... within a period of four weeks from the date of receipt of a copy of this order. - W.P.No.25266 of 2019 And WMP.No.24839 of 2019 - - - Dated:- 12-9-2019 - Mr. Justice K. Ravichandrabaabu For the Petitioner : Mrs.Pushpa Sitaraman, Senior Counsel for M/s.J.Sreevidya For the Respondents : Mr.J.Narayanasamy standing counsel ORDER The petitioner seeks for a mandamus directing the respondents to refund the amount of ₹ 15,18,650/- for the assessment year 1990-1991 and any excess interest collected U/s.220 along with statutory interest U/s.244A of the Income Tax Act, 1961 from the date of determination of the refund, till the date of issue of refund and furth .....

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..... er of Income Tax (Appeals), thereby reducing the demand to ₹ 20,49,872/-. In the meantime, the first respondent certified the arrears of demand including interest for the assessment year 1990-1991 to the Tax Recovery Officer to recover the amounts from the petitioner on various dates. Since the demand raised by various orders passed by the Assessing Officer was already recovered and since the demand was considerably reduced, the petitioner requested the first respondent to refund the excess amount. The respondent reworked the interest under Sections 220 and 224 of the IT Act and refunded the amount of ₹ 96,90,242/- including the statutory interest, thereby reducing the demand to ₹ 20,49,872/- for the assessment year 1990-1 .....

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..... 4. The learned standing counsel for the respondents today produced a communication dated 19.09.2019 issued by the Income Tax Officer, Non- Corporate Ward 12(1), Chennai addressed to the learned Senior Standing Counsel, Chennai, wherein, it is stated as follows: On a perusal of records of M/s.Narayanan Chettiar (hereinafter called the assessee), it is noticed that as much as ₹ 96,90,240/- being the refund and interest payable thereon for the A.Ys.1990-91 and 1992-93 was issued and the assessee claims that part of the refund for the A.Y.1992-93 is yet to be received by it. In this regard, it is pertinent to mention that original records are not available in this case and even the reconstruc .....

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