JUDGMENT

Akil Kureshi, J. - Heard learned counsel for the parties for final disposal of the petition.

2. Petitioner has challenged a notice dated 5th February, 2018 issued by the respondent No. 2 Income Tax Officer under section 226(3) of the Income Tax Act, 1961 ("the Act" for short). The petitioner has further prayed for refund of a sum of Rs. 3,67,600/ already recovered from the petitioner and to permanently restrain the respondents from recovering balance amount of Rs. 6,69,250/for which a further notice dated 10th September, 2018 was issued by the respondent No. 2.

3. Brief facts are as under :

Petitioner is an individual. The petitioner had sold an immovable property under a deed dated 23rd November, 2015 to Mr. and Mrs. Bhanpurwala for total consideration of Rs. 9 crores. The purchasers of the said property had made a net payment of Rs. 8 crores 91 lakhs to the petitioner after deducting tax at source at 1% of the payment in terms of section 194 IA of the Act.

4. The petitioner filed the return of income for the assessment year 2016-17 on 12th October, 2017 declaring total income of Rs. 2,28,62,110/. In such return of income electronically filed by the petitioner, he had clai