JUDGEMENT
SONIA GOKANI,J. -
(1.)The petitioner, by way of the present petition under Article 226 of the Constitution of India, seeks
direction against the respondent for the refund of the
income tax due to the petitioner which has not been
made available to, even after the appeal has yielded in
her favour for the assessment year 2017-18.
(2.)The husband of the petitioner passed away on
(3.)2.2016. The petitioner filed return of income for assessment year 2017-18 at Rs.22,83,614.00 which included
the interest on the fixed deposits with banks and
companies standing in the name of her late husband
totalling to sum of Rs.8,13,496.00.
3. The return of income was processed under Sec. 143(1) on 23/4/2018 and the intimation was given
under Sec. 143(1). The respondent did not disturb the
income offered for taxation but found that the claim of
TDS by the petitioner was not matching with the TDS
standing in the name of the petitioner as per the
departmental records. Therefore, Rs.52,658.00 as short
payment of tax upon the income offered was demanded.
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