9911796707
TMI Blog2023 (7) TMI 137X X X X Extracts X X X X X X X X Extracts X X X X ..... me Tax Act, 1961 (the Act) till the date of actual payment. 2. On 2nd March 2023, the following order came to be passed : The grievance of the Petitioner as projected by Mr. Mistri, learned Senior Counsel is that the Petitioner was entitled to a refund of approximately Rs. 60 crores for the assessment year 2015-16. A grievance was made on the official portal in regard to nonpayment. In response to the said grievance, the Petitioner was informed vide communication dated 03rd January, 2023 about the reasons why the refund amount has not been credited. On a perusal of the reasons reflected in the said communication while a number of reasons have been given, there is no certainty according to Mr. Mistri, as to which one reason had actuall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reference to submissions in paragraph-4, I say that the DDIT, Unit-4, CPC had sent an email to the Respondent No. 2/Jurisdictional Assessing Officer (JAO) for providing response regarding the various outstanding demands for assessment years 2012-13, 2013-14 and 2014-15. In response to the email from DDIT, CPC, the JAO had sent an email on 27.03.2023 that stay orders had been passed on 27.12.2022 in respect of the penalty demands for assessment years 2012-13. 2013-14 and 2014-15, wherein the balance demands, exceeding 20% of the demands, have been stayed and that the refund for assessment year 2018- 19 is sufficient to take care of the 20% of the demands for these three years. The AO had also sent copies of the stay orders to the DDIT, CPC a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2013-14 (Screen shot of the same is attached herewith for kind reference.) further, they had already shared demand status for AY 2014-15 and AY 2017-18 through ITBA portal. The stay of demand issued to the assessee was also attached for reference. And it was requested to the CPC to do the needful in the matter and release the refund of the assessee after giving effect of Stay of demand of the respective years. 4. As noted in the order dated 27th June 2023 in Writ Petition (lodging) No. 5317 of 2023, which related to Assessment Year 2018-2019, there are outstanding demands for Assessment Year 2012-2013, 2013-2014, 2014-2015 and 2017-2018. The total demand is Rs. 266.73 Crores. Admittedly, stay has been granted by respondent no. 2 on 27th D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll respondent no. 1 has sent the email dated 6th June 2023 seeking to adjust the entire amount of Rs. 60,07,99,744/-. 7. In our view, since there is a stay order granted on 27th December 2022 and 20% has already been adjusted against the refund due for Assessment Year 2018-2019, respondents cannot adjust any amount against this refund due for Assessment Year 2015-2016. 8. In the circumstances, we direct respondent no. 1, who respondent no. 2 states is the person responsible, to ensure that the refund amount of Rs. 60,07,99,744/- alongwith interest, if any, in accordance with law, is credited to petitioner's account within one week from the date this order is uploaded. 9. We should also note that by an order dated 2nd March 2023 responden ..... X X X X Extracts X X X X X X X X Extracts X X X X
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