1987 (4) TMI 45

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... mpleted on July 31, 1982, and May 26, 1984, respectively. Eventually, the assessment for the year 1979-80 was annulled by the Income-tax Appellate Tribunal, vide its order dated May 6, 1985, and that for the assessment year 1981-82 was annulled by the Commissioner of Income-tax (Appeals), vide his order dated May 31, 1985. Dissatisfied, the Revenue questioned the validity of the order of the Incom .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t for the two assessment years. According to the petitioner, the assessing authority informed it that the said refund had, with the prior approval of the Commissioner of Income-tax, been withheld by it under section 241 of the Income-tax Act. Aggrieved, the petitioner has approached this court for relief under article 226 of the Constitution. This petition was heard along with Writ Petition No. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... . For the reasons given by us in our judgment in Writ Petition No. 4378 of 1986 (Leader Valves Private Ltd. v. CIT [1987] 167 ITR 542) rendered today, we are of the opinion that the assessing authority is not justified in withholding the refund which had become due to the petitioner as a result of the annulment of the assessments merely for the reason that the proceedings questioning the validit .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X