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2023 (8) TMI 596 - HC - Income TaxRefund of excess amount adjusted against the disputed demand - direction of the CIT(A) is that the respondents/revenue cannot recover anything more than 20% of the demand - HELD THAT - The respondents/revenue will refund the amount which is in excess of 20% of the outstanding demand concerning AY 2017-18. The said sum will also include as sought to be adjusted against the disputed demand for AY 2017-18 by respondent no. 1. CIT(A) will endeavour to dispose of the appeal at the earliest. The amount will be remitted as expeditiously as possible, though, not later than six (6) weeks from the date of receipt of this order, along with applicable interest.
Issues involved:
The issues involved in the judgment are related to the adjustment of tax demands for Assessment Year (AY) 2017-18, the legality of such adjustments, the pending appeal before the Commissioner of Income Tax (Appeals) (CIT(A)), and the permissible recovery limits set by the Central Board of Direct Taxes (CBDT). Adjustment of Tax Demands: The petitioner sought a writ of mandamus to direct the respondents to refund the amount adjusted against the disputed demand for AY 2017-18, which was done in an illegal and arbitrary manner by adjusting it against refunds for AY 2013-14 and 2014-15. The order of the CIT(A) recommended a stay on the recovery of the balance demand for AY 2017-18 until the disposal of the first appeal. The direction from the CIT(A) was that the revenue cannot recover more than 20% of the demand, which was approximately Rs. 221 crores. The respondents were directed to refund the amount exceeding 20% of the outstanding demand for AY 2017-18, along with the amount sought to be adjusted against the disputed demand. Pending Appeal Before CIT(A): It was acknowledged that the petitioner had filed an appeal which was pending adjudication with the CIT(A). The judgment directed the CIT(A) to endeavor to dispose of the appeal at the earliest, emphasizing the need for timely resolution. The respondents were instructed to refund the excess amount concerning AY 2017-18, not later than six weeks from the date of the order, along with applicable interest. Permissible Recovery Limits by CBDT: As per the CBDT OM dated 31.07.2017, the revenue was not allowed to recover more than 20% of the outstanding demand for AY 2017-18, which was specified as Rs. 221,03,71,862. The judgment upheld this limit and directed the refund of the excess amount exceeding 20% of the demand, ensuring compliance with the CBDT guidelines. Conclusion: The High Court disposed of the writ petition by issuing directions for the refund of the excess amount adjusted against the tax demand for AY 2017-18, limiting the recovery to 20% of the outstanding demand as per CBDT guidelines. The CIT(A) was urged to expedite the disposal of the appeal, and the respondents were instructed to refund the excess amount promptly, within six weeks from the date of the order. The judgment aimed to ensure fairness and adherence to legal principles in the recovery and adjustment of tax demands.
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