2023 (8) TMI 1346 - SCH - Income Tax

Refund the amount adjusted in excess of 20% of the disputed demand - action of the respondents and the Revenue Authorities is violative of Article 265 of the Constitution of India. - need to pass strictures against the offices - HC held action of recovery on the part of the respondents was de-hors the statutory provisions specified under Section 220(6), 245 of the IT Act and was without jurisdiction in terms of Sections 222 and 223 of the IT Act and imposed a cost upon the respondents which is quantified to Rs.50,000/- which the respondent-department shall pay - HELD THAT - There is a delay of 345 days in filing this special leave petition. Delay condoned. In the circumstances, we are not inclined to interfere in the matter on merits as such, but the cost of Rs. 50,000/- imposed by the High Court is set aside.

Summary

The Supreme Court condoned a delay of 345 days in filing a special leave petition. The court set aside an exorbitant cost of Rs.50,000 imposed by the High Court on the petitioners. No interference in the matter on merits. Pending applications also disposed of.