1984 (12) TMI 46

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..... 83. An appeal was preferred by the petitioner against that to the Appellate Assistant Commissioner of Income-tax, which was allowed in part on February 1, 1984, and the matter was thereafter taken up before the Income-tax Appellate Tribunal, in a further appeal by the petitioner, which was allowed on May 4, 1984, and the case was remanded to the Appellate Assistant Commissioner of Income-tax. Afte .....

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..... ereof has been filed as annexure " 5 " to the writ petition), praying that a refund voucher may be prepared for a sum of Rs. 30,100 deposited by him, in pursuance of the assessment order, which has been set aside. The case of the petitioner is that even though nearly five months have passed since after making of the aforesaid application for refund, the amount deposited by the petitioner as afores .....

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..... the amount deposited by him in pursuance of the assessment order. In the result, the writ petition succeeds and is allowed. The Income-tax Officer, A-Ward, Aligarh, respondent No. 1, is directed to refund to the petitioner such amount as may have been deposited by him, in pursuance of the order of assessment, which has been set aside by the order of the Appellate Assistant Commissioner of Incom .....

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