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TMI Blog2020 (10) TMI 560X X X X Extracts X X X X X X X X Extracts X X X X ..... comply with the condition mentioned in Para 5(i) of stay order dated 17/1/2020 by way of adjustment of refund due from the Department. AO is directed to adjust the remaining amount of ₹ 1,30,330/- for AY 2012-13 and ₹ 5,00,000/- for AY 2014-15 against the refund due to the assessee for AY 2008-09, if any and shall report the compliance to the Bench on the next date of hearing of the appeals. In case no refund for AY 2008-09 is due, the AO shall intimate the same to assessee and the assessee shall deposit the said balance amount forthwith and furnish proof of deposit of the amount before the Bench on the next date of hearing of the appeals i.e. 12/11/2020. The stay order shall come into force only after the entire amount a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pay ₹ 15,00,000/- for each of the assessment years in appeal as under, i.e. On or before 15th February, 2020 A.Y 2012-13 - ₹ 10,00,000/- A.Y 2013-14 - ₹ 10,00,000/- A.Y 2014-15 - ₹ 10,00,000/- On or before 15th March, 2020 A.Y 2012-13 - ₹ 5,00,000/- A.Y 2013-14 - ₹ 5,00,000/- A.Y 2014-15 - &# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bility to adjust refund for AY 2008-09 on account of change in the mode of refund. The assessee has furnished a table indicating the refund of earlier assessment years adjusted in the impugned assessment years. Further, the ld. Authorised Representative reiterated the submissions made in the Stay Application. The relevant extract of the application for AY 2012-13 is reproduced herein below: 1. The appellant has filed the stay application with the Hon. ITAT for the stay of demand and the appellant has received the ITAT order whereby the Hon. ITAT has allowed the stay application as on 17.01.2020. But as per the order, the appellant has been directed by the Hon. ITAT to pay ₹ 10,00,000/- on or before 15.02.2020 and ₹ 5,00, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the garnishee order should be lifted. The ld. Authorized Representative of assessee stated at the Bar that after adjustment of refund due to the assessee, if any amount is still outstanding, the assessee would pay the same within a week. 4. In response to the submissions made on behalf of the assessee, on 25/09/2020 Shri Avaneesh Tiwari representing the Department stated that adjustment of refund is an administrative issue that can be resolved by administrative side, the ld. Departmental Representative sought time to verify the facts and resolve the issue of adjustment of refund by the next date of hearing. The ld. Departmental Representative further made a statement that in case there is difficulty in adjustment of refund against outst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Purportedly, the Assessing Officer adjusted the refund due to the assessee for AY 2011-12 but did not adjust refund due to the assessee for AY 2008-09. The details of the refund adjusted by the Assessing Officer as per table furnished by the assessee is as under: Assessment Years 2012-13 2013-14 2014-15 Total Instalments payable as per Tribunal Stay Order 15,00,000 15,00,000 15,00,000 45,00,000 Less: Refund adjusted by ITO - 2011-12 13,69,670 10,00,000 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all report the compliance to the Bench on the next date of hearing of the appeals. In case no refund for AY 2008-09 is due, the AO shall intimate the same to assessee and the assessee shall deposit the said balance amount forthwith and furnish proof of deposit of the amount before the Bench on the next date of hearing of the appeals i.e. 12/11/2020. The stay order shall come into force only after the entire amount as mentioned in stay order dated 17/01/2020 is deposited/adjusted. 9. After the adjustment of refund/deposit of the amount by the assessee, as the case may be, the garnishee notices dated 13/01/2020 shall stand withdrawn by the Department. 10. Before parting, we record our discontent with the lackadaisical approach of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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