JAWAHAR LAL GUPTA,J. - (1.) THE petitioner had approached this Court with the prayer that a writ in the nature of mandamus be issued directing the authorities under the IT Act to 'issue refund along with interest under S. 244 (1A) of the Act'.
(2.) ON 30th Oct., 1998, the petitioner filed the return for the asst. yr. 1998-99. It declared an income of Rs. 30,76,500 and paid a tax of Rs. 10,76,775. On 31st May, 1999, the assessing authority issued the intimation under S. 143(1)(a) of the IT Act, 1961 ('the Act') informing the petitioner that the taxable income was Rs. 31,47,881. The petitioner filed an application under s. 154. The application was accepted. The taxable income was fixed at Rs. 30,76,500. The AO issued a notice under S. 143(2). On 3rd Oct., 2000, the order of the assessment was passed. An addition of Rs. 13,67,712 was made. A demand for Rs. 7,31,229 was raised. The petitioner requested the AO to adjust this demand against the amount, which was due on account of refund in respect of the asst. yrs. 1999-2000 and 2000-2001. On 5th Jan., 2001, an amount of Rs. 5,89,806 was adjusted. A balance of Rs. 1,41,423 remained.
(3.) THE petitioner filed an appeal against the order, dt. 3rd Oct., 2000, passed by the AO. Vide the order dt. 12th Sept., 2001, the CIT(A) accepted the petitioner's claim and deleted the addition of Rs. 13,67,762. As a result, the petitioner became entitled to the refund of an amount of Rs.;