Stay of Demand Under Income Tax Seeking Refund Which was Recovered in Excess of 20% of the Total Disputed Tax Demand [CA Ajay Kumar Agrawal]

DELHI HIGH COURT in the case of - GOEL ROAD CARRIERS PRIVATE LIMITED VERSUS ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-10 (2), DELHI & ANR.-No.- W.P.(C) 6885/2022 & CM Appl. 20970-20971/2022 Dated.- May 2, 2022                                                                                  

HELD THAT:- Refund has been adjusted against the outstanding tax demand by the Authority without following the due procedure prescribed under the said Section inasmuch as no notice or opportunity of pre-decisional hearing had been provided to the petitioner prior to such adjustment of refund, this Court is of the opinion that the petitioner is entitled to refund of adjustments made in excess of 20% of the disputed tax demands and Rs.30,000/-set off of refunds against tax payable.

Consequently, this Court directs the respondents to verify the facts stated in the writ petition and if it finds them to be true and correct then refund the amount adjusted in excess of 20% of the disputed tax demands for the Assessment Year 2012-13 as well as Rs.30,000/-as mentioned in the intimation under Section 245 of the Act to the petitioner within four weeks. The Appellate Authority is also directed to decide the petitioner’s appeal challenging the order dated 27th November, 2019 within a year

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