9911796707
TMI Blog1992 (9) TMI 51X X X X Extracts X X X X X X X X Extracts X X X X ..... ard to the facts and circumstances of the case, the petition is ordered to be heard today. The petitioner is a public limited company having two factories in the State of Gujarat and one in the State of West Bengal and having its registered office at Baroda. The petitioner prays that the order passed by the respondent withholding the refund amount of Rs. 11,49,345 ( rupees eleven lakhs forty-nin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 993, or the date of final order of the High Court for the years pending before it, whichever is earlier. " The petitioner contends that, as provided under section 241 of the Act, the respondent has power to withhold the amount of refund, but only the ground that some proceedings are pending under the Act is not sufficient to withhold the amount of refund. Section 241 prescribes three conditions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of such condition does not relieve the Assessing Officer from forming an opinion that the grant of refund is likely to adversely affect the Revenue. In the instant case, the order does not show that the Assessing Officer has formed such an opinion and that he came to the conclusion that the grant of refund was likely to adversely affect the Revenue. In short, the order is a non-speaking order a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r as a result of the assessment order dated January 23, 1992, produced at annexure 'A' to the petition is quashed and set aside. It is clarified that it will be open to the respondent to pass a reasoned speaking order. In view of the statement made by learned counsel appearing for the respondent, it is directed that the said order shall be passed latest by November 15, 1992. Rule made absolute acc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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