RAM SURAT RAM (MAURYA), J. - (1.) HEARD Sri Rakesh Ranjan Agrawal, for the petitioner and Sri Ashok Kumar, Senior Standing Counsel for the respondents.
(2.) THE petitioner has filed the aforementioned writ petition for quashing the order dated 31.01.2007 passed by the Chief Commissioner of Income -tax, Kanpur (respondent -1) by which the application for refund of the petitioner has been rejected, holding that the amount refundable to the petitioner has been adjusted towards the demand of M/S Narain Properties Ltd., the Mall, Kanpur and the grievance petition has been treated as settled and the orders of respondents -2 and 3 pertaining to the adjustment of the amount refundable to the petitioner against the demand of M/S Narain Properties Ltd. and for mandamus directing the respondents to refund the amount of Rs. 2,40,471/ - along with interest up to date at the rate as provided under Section 244A (1) (a) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'). The petitioner is a company registered under the Companies Act, 1956 having its registered office at 68/2, The Mall, Kanpur and is a regular income tax payee. The petitioner filed its income tax return for the Assessment Year 1997 -98 and deposited Rs. 95,223/ - as self -assessed income tax along with the return. Assessing Officer by assessment order dated 01.03.2000 assessed the income tax of Rs. 7,53,223/ for the Assessment Year 1997 -98 and made demand of the aforesaid amount from the petitioner. The petitioner in pursuance of the aforesaid demand deposited Rs. 1,34,840/ - on 10.05.2000. The Assessing Officer also recovered Rs. 1330/ - from the account of the petitioner from Standard Chartered Bank, Kanpur on 05.10.2000. The petitioner filed an appeal from the order dated 01.03.2000 which has been dismissed by Commissioner of Income -tax (Appeals) Kanpur vide order dated 14.11.2000. The petitioner further filed a second appeal from the order dated 14.11.2000 which was allowed by Income Tax Appellate Tribunal, Lucknow Bench, Lucknow by order dated 19.05.2003. However during pendency of the appeal the petitioner again deposited Rs. 1,00,000/ - on 31.03.2003 in pursuance of the aforesaid demand. The respondents also adjusted Rs. 3510/ - from the refund of the petitioner for the Assessment Year 2002 -03.
(3.) AFTER the order of the Tribunal, the Assessing Officer passed consequential order dated 07.08.2003 and assessed taxable income of the petitioner to Rs. 2,01,417/ - as against Rs. 12,70,410/ - originally assessed. On this amount he calculated the amount of income tax to Rs. 94,432/ - and issued refund slip of Rs. 791/ - as Rs. 95,223/ - was originally deposited as income tax along with the return.;