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TMI Blog2020 (8) TMI 326X X X X Extracts X X X X X X X X Extracts X X X X ..... d [ 2020 (3) TMI 606 - DELHI HIGH COURT]. Accordingly, we set aside the impugned order dated 01st June, 2020 as well as the reasons given by the Assessing Officer dated 04th February, 2020 and the approval given by PCIT u/s 241A - We also grant six weeks' time to the respondents to re-consider the aspect whether the amount found due to be refunded, or any part thereof, is liable to be withheld under Section 241A in line with the decisions of this Court -The entire consideration, with the approval of the Principal Commissioner of Income Tax to the withholding of the refund amount, or any part thereof, should be completed within six weeks from today, failing which, we direct that without awaiting any further orders, the respondents sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2020 passed under Section 264 of the Act by the office of Principal Commissioner of Income Tax, Delhi. 3. Mr. Pavan Narang, learned counsel for petitioner submits that mere issuance of notice under Section 143(2) of the Act is not good enough to withhold the refund due under Section 143(1) of the Act. He further submits that the reasons as recorded by the Assessing Officer and approved by the PCIT are nothing but CASS reasons as recorded in notice under Section 143(2) of the Act. He also submits that respondent no.1 could not have styled petitioner s letter dated 15th May, 2020 as a revision petition and, in any event, could not have entertained a revision petition under Section 264 against its own order. 4. On 31st July, 2020, this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessing Officer dated 04th February, 2020 and the approval given by the Principal Commissioner of Income Tax dated 06th March, 2020 under Section 241A of the Act. We also grant six weeks' time to the respondents to re-consider the aspect whether the amount found due to be refunded, or any part thereof, is liable to be withheld under Section 241A of the Act, in line with the decisions of this Court, as noted above. The entire consideration, with the approval of the Principal Commissioner of Income Tax to the withholding of the refund amount, or any part thereof, should be completed within six weeks from today, failing which, we direct that without awaiting any further orders, the respondents shall transmit the amount of refund determi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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