1987 (4) TMI 44

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..... sment was annulled by the Income-tax Appellate Tribunal, vide its order dated July 31, 1985. The Department has taken steps to question the validity of the order annulling the assessment by means of a reference under section 256(1) of the Income-tax Act, which proceedings are pending before the High Court. As a result of the annulment of the assessment, the petitioner became entitled to the refund .....

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..... f the order directing refund are pending before the High Court. As held by us in our judgment in Civil Writ Petition No. 4378 of 1986 (Leader Valves Private Ltd. v. CIT [1987] 167 ITR 542), the assessing authority is not justified in withholding the refund which has become due to the assessee merely for the reason that the proceedings initiated by the Revenue questioning the validity of the orde .....

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