9911796707
TMI Blog2024 (9) TMI 1382X X X X Extracts X X X X X X X X Extracts X X X X ..... of the TAN and requested the petitioner to deposit the aforesaid demand HELD THAT:- Section 243 provides payment of interest on delayed refunds that shall start accruing after the expiry of the period of three months from the date of the order granting the refund. Section 241A has been inserted by Finance Act,2001 w.e.f.01.04.2017 about the withholding of refunds in certain cases but the same would not apply in this case because these assessments are in respect of years 2010-11 and 2011-12. Section 245 also provides a set off of refunds against tax remaining payable which says that where under any of the provisions of this Act, a refund is found to be due to any person, the Assessing Officer, Deputy Commissioner (Appeal), Commissioner (App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Justice Vivek Rusia Since the issue involved in these Writ Petition are common, thus these are being decided by this common order. The petitioner has filed the present Writ Petition seeking quashment of the order dated 11.07.2023 and refund of tax amount in compliance of the order dated 31.01.2022 passed by Income Tax Appellate Tribunal, Indore Bench, Indore along with interest. The facts of the case in short are as follows;- 2. The Assistant Commissioner of Income Tax-TDS initiated proceedings under Section 201 (1)/ (1A) of the Income Tax Act. They assessed the tax liability of Rs.1,90,94,630/- and Rs.10,84,08,460/- (including interest) for the FY 2009-10, FY 2010-11 and 2011-12 from the petitioner for default of non-deduction of tax at so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... When the aforesaid amount was not paid, the petitioner submitted a representation dated 21.06.2023 to the Income Tax Officer (IT TP), Bhopal for a refund of Rs.5,25,03,299/- and interest till date. Vide letter dated 11.07.2023, the Income Tax Officer, rejected the aforesaid request on the ground that the request for refund for the relevant assessment year can be raised, only if the assessee files its application on the TRACES Portal in the prescribed form i.e. Form 26B and secondly there is no provision available on the TRACES portal to adjust the outstanding demand of PAN or TAN against the pending refunds of the TAN and requested the petitioner to deposit the aforesaid demand, hence, present Writ Petition before this Court. 6. After noti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emand is Nil . Chapter XIX of the Income Tax Act, of 1961 deals with the refund. Section 239 says that every claim for refund under the Chapter shall be made by furnishing a return by the provisions of section 139, however, Section 240 deals with the refund of any amount that becomes due to the assessee as a result of any order passed in the appeal or other proceeding. Section 240 mandates that the Assessing Officer shall refund the amount to the assessee without his having to make any claim on that behalf in the event of refund becomes due as a result of an order passed in the appeal. Section 243 provides payment of interest on delayed refunds that shall start accruing after the expiry of the period of three months from the date of the ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... system which cannot run contrary to the provision of the Income Tax Act. The rights which have been given to the assessee under the Income Tax Act cannot be withheld due to the nonfunctionality of the TRACES. The Online Portal is created to facilitate the stakeholders and not to create hurdles in discharging the statutory duties and the statutory rights. If the Portal does not function in accordance with the Act and Rules then it requires to be suitably modified to achieve the aims and objects of the Act and Rules, therefore, there is a provision in the Income Tax Act about the refund of the amount with interest as well as set off of refund against the tax payable. The petitioner is ready for a refund as well as for set off. It is for the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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