ALUMINIUM PECHINEY,NEW DELHI vs. ACIT, NEW DELHI

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ITA 700/DEL/2022Status: DisposedITAT Delhi14 May 2025AY 2018-193 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the AO cannot initiate reassessment proceedings to recover a refund that was already processed and paid. The AO's recourse, if any, would be to appeal the original assessment order, not to initiate fresh proceedings for recovery.

What were the facts?

The assessee is a foreign company that received a refund of Rs. 1,17,23,190. The Assessing Officer (AO) initiated reassessment proceedings, alleging that the refund was erroneously granted and sought to recover it. The assessee contended that the refund was correctly processed.

What were the issues?

Whether reassessment proceedings can be initiated to recover a refund already granted and paid. Whether the AO has the power to reopen a concluded assessment to recover a refund.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 241

AI-generated summary — verify with the full judgment below

आदेश /O R D E R

PER BENCH

1.

These two appeals are filed by the assessee against the order u/s 144C of Income Tax Act, 1961 dated 13/01/2022 passed u/s 143(3) of the Act for the AYs 2018-19 and 2020-21 respectively.

2.

The assessee through letter dated 12/05/2025 submitted that it had opted to settle the disputes in appeal through Direct Tax Vivad se Vishwas Scheme, 2024 and accordingly Form 1 has been filed on 30.04.2025 for both these assessment years. A copy of Form 1 is placed on record. The Counsel thus, submitted that the Assessee is seeking time.

3.

Heard rival submissions, perused Form 1 filed by the assessee under DTVSVS 2024. It is observed from the said Form that the assessee opted to settle the disputes in appeal in 685/Del/2023 for the AYs 2018-19 and 2020-21 under DTVSVS. Since the assessee has opted under DTVSVS to settle the issues in appeals, these appeals are treated as withdrawn. In the event of the Revenue not accepting Form 1 filed by the assessee, the assessee is given liberty to file miscellaneous applications for restoration of appeals and to decide on merits.

4.

In the result, appeals of the assessee are dismissed as withdrawn.

Order pronounced in the open court on 14/05/2025

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