The petitioner deposited the amount as security deposit in Auction sale. The petitioner has not deposited the balance amount hence the amount was forfeited. The amount was credited in 26AS of the assessee. The claim of assessee was rejected. The assessee filed writ petition to get the amount shown as credited in 26AS. Dismissing the petition the Court held that the amount forfeited and not credited to the petitioner. The fact that the amount had been credited in the amount of the petitioner and the same was reflecting in form 26AS would not change the legal position.
Ashwin Kumar v. ITO (2022) 445 ITR 474 (P & H)(HC)
S. 226 : Collection and recovery-Modes of recovery-Attachment and sale of immoveable property-Auction sale-Forfeiture of amount-Mistake in crediting the amount by mistake-Not entitle to credit wrongly credited in 26AS-Writ petition dismissed. [SCH II, part III Rule 57, 58, Form 26AS, Art. 226]