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The petitioner has approached this Court by way of this writ petition in respect of the refusal of the respondent-Dy. CIT to refund the excess paid as income-tax. During the pendency of the petition, certain communications have been issued by the respondent-Dy. CIT, which by amending the petition, have been challenged.

Shanti Prime Publication Pvt. Ltd.

Section 245 of the income tax Act, 1961 — Refund — There was a breach of the requirement under section 245 as assessee's letter written almost one and a half years prior to adjustment of refund, claiming refund and also mentioning no objection about adjustment against earlier dues could not be made basis for adjustment; since no prior notice was issued to the assessee before adjusting the refund — Tata Communications Ltd. vs. Deputy Commissioner of income tax [2019] 311 CTR (Bombay) 407   

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