- (1.) WE heard Sri Rakesh Ranjan, learned Senior Advocate assisted by Sri Suyash Agrawal, learned counsel for the petitioners and Sri Shambhoo Chopra, learned counsel for the department.
(2.) FROM the record, it transpires that a search under Section -132 of the Income Tax Act was conducted at the residential and business premises of the petitioner on 23.12.2002. Pursuant to the materials seized in the course of search and seizure operation, block assessment was completed under Section -158 BC by an order dated 31.12.2004. Based on this assessment proceedings, a demand was raised against the petitioner pursuant to which the petitioner deposited a sum of Rs. 14 lacs odd. The petitioner preferred an appeal which was allowed by the Commissioner, Income Tax, Meerut by its order dated 10.07.2009 and the assessment order passed under Section -158BC was modified. Based on order of the appellate authority, the petitioner applied for refund under Section -245 of the Act. This application remained pending and accordingly, the present writ petition was filed praying for a writ of mandamus commanding the Assistant Commissioner of Income tax, Circle -2, Meerut, respondent no.1 to refund the amount of tax alongwith interest.
(3.) A counter affidavit has been filed by the Income -tax department indicating that the tax amount has been adjusted against the dues of one firm known as "Jeet Construction Company" in which the petitioner is one of the partners and consequently the petitioner was not entitled for refund of the amount. In rejoinder affidavit, the petitioner has filed an order of Income -Tax Tribunal indicating therein that the appeal of Jeet Construction Company has been allowed in part by the Tribunal vide its order dated 31.10.2011 setting -aside the demand raised against the said firm.;