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TMI Blog2023 (8) TMI 596X X X X Extracts X X X X X X X X Extracts X X X X ..... ra, Sr Adv. with Mr Himanshu S. Sinha, Mr Parash Bishwal, Mr Bhuwan Dhoopar and Mr Jainender Singh Kataria, Advs. For the Respondents Through: Mr Gaurav Gupta Sr. Standing Counsel with Mr Shivendra Singh and Mr Puneett Singhal, Standing Counsels. RAJIV SHAKDHER, J. (ORAL): 1. With the consent of learned counsel for the parties, the above-captioned writ petition and application are taken up for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly illegal recovery of tax against the accepted principles of reasonableness, judicial discipline and law. d) For ad-interim reliefs as the Court may deem fit; and e) For the costs of this Petition." 3. The substantive prayers made in the application read as follows : "a) direct Respondent No. 1 to refund the excess amount of Rs. 12,68,20,270 adjusted against the disputed demand for AY 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In this regard, after careful consideration of the facts and circumstances of the case and recognizing the fact that more than 20% of the outstanding demand has already been adjusted by the department, stay for the balance outstanding demand is hereby granted till disposal of the first appeal. The assessee is advised to file petition through proper channel for early hearing of its appeal." 4. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g adjudication with the CIT(A). 7. In these circumstances, the writ petition is disposed of, with the following directions: 7.1 The respondents/revenue will refund the amount which is in excess of 20% of the outstanding demand, i.e., Rs. 221,03,71,862/-, concerning AY 2017-18. 7.2 The said sum will also include Rs. 12,68,20,270/-, that was sought to be adjusted against the disputed demand for A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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