AO completed assessment raising certain tax demand from assessee. In appellate proceedings tax demand was reduced substantially by Tribunal. Since by that time amount of tax as determined by AO had already been collected, assessee became eligible for refund of excess amount paid. Assessee filed application seeking refund which was not considered by assessing authority. The Assessee file the Writ petition, High Court directed to AO to refund amount in question along with interest within a period of four weeks as sought by them. (AY. 1990-91)
Narayanan Chettiar Industries v. ITO (2019) 267 Taxman 426 (Mad.)(HC)
S. 237 : Refunds – Amounts of tax in dispute was collected when the appeal was pending-Appeal tax demand was reduced – Application for remand was not acted upon-High Court directed the AO to refund the amount with interests witin period of four weeks.[ S.254(1), Art.226