LAKHANPAL NATIONAL LIMITED Vs. INCOME TAX OFFICER BARODA

JUDGEMENT

(1.) The petitioner has filed this writ petition for a writ of mandamus or any other appropriate writ order or direction asking the respondent to pass immediately an order refunding Rs. 74 79 6 with interest at the rate of 15% per annum from 1-4-1985 and also to pass such other and further order as the interest of justice demands in the matter.

(2.) The petitioner is a Public Limited Company and is an assessee under the Income Tax Act 1961 for the last many years. The respondent is the Income Tax Officer who is having jurisdiction to assess the Income of the petitioner-Company. The petitioner has paid total advance tax of Rs. 74 8 487 and the tax deducted at source was Rs. 70 519 making the total of the two sums Rs. 74 79 6 in the accounting year being the Calendar year ending on 31-12-1933. The estimated income of the petitioner-assessee for the accounting year 1983 was Rs. 1 32 52 900 in the estimate of advance tax filed in the year. The petitioner has submitted on 26 its income-tax return (under sec. 139(1) of the Income Tax Act) showing the loss of Rs. 75 84 532 for the assessment year 1984- 85 the corresponding accounting year 1983. The above position was made clear in the statement of accounts of computation of total income which is annexed as Annexure-A to the petition.

(3.) Accordingly the petitioner addressed to the respondent a letter dated 20-7-1984. In the said letter the above position was made clear and it was pointed out that income-tax payable thereon comes to Rs. nil whereas the petitioner has paid income tax to the tune of Rs. 74 79 6 as stated above and requested that the total amount refundable to the petitioner-assessee came to Rs. 74 79 6 Thus the petitioner requested the respondent to release the refund order under see. 141A of the Income Tax Act. A copy of the said letter is annexed as Annexure -C to the petitioner.