Court No. - 37 Case :- WRIT TAX No. - 1206 of 2003 Petitioner :- G.M., B.S.N.L., Varanasi Respondent :- State Bank Of India & Others Petitioner Counsel :- Subodh Kumar Respondent Counsel :- C.S.C.,S.P. Kesharwani,Vipin Sinha Hon'ble Yatindra Singh,J.
Hon’ble Rajes Kumar,J.
Heard Sri Subodh Kumar, learned counsel for the petitioner, and Sri U.K.
Pandey, learned Standing Counsel.
The contention of the petitioner is that despite the interim order granted by
this Court a sum of Rs. 82,80,000/- has been reovered by the respondent
against the demand for the assessment year 2000-01. He further submitted
that the assessing authority has no jurisdiction to adjust the aforesaid amount
against the demand for the subsequent years in 2009.
It is averred in paragraph 3 of the counter affidavit dated 26.11.2009 that the
sum of Rs. 82,80,000/-, which has been recovered from the petitioner, has
been adjusted with the outstanding demand for the assessment years from
1987-88 to 1996-97 and assessment year 2003-04. Since the amount has
already been adjusted with the outstanding demand, we cannot direct refund
of the amount. The petitioner, at the most, can claim refund of the amount in
case if the petitioner satisfies that the demand raised for the assessment years
from 1987-88 to 1996-97 and assessment year 2003-04 has been set aside by
the higher court or any other competent court. With regard to the claim of the
petitioner that the amount has been adjusted in the year 2009, we are of the
view that the petitioner may be entitled to claim interest under Section 29 of
the Act.
On the facts and circumstances, we do not see any reason to further interfere
in the matter. The writ petition is, accordingly, dismissed.
Order Date :- 12.8.2010
PG