9911796707
TMI Blog2025 (3) TMI 232X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent: Ms Mamta Omle,. PC:- 1. Heard learned counsel for the parties. 2. Rule. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties. 3. This petition is filed by the Petitioner-assessee challenging adjustment of refund for the assessment year 2024-2025 against the outstanding demand for the assessment year 2011-2012 vide orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for extension of the said stay order. He, however, submits that the delay in disposing of the CIT (Appeal) is not attributable to the Petitioner and therefore, the adjustment made by the Respondent under Section 245 is bad in law. Alternatively, he states that the Petitioner is willing to make additional payment of another 5 percent of the demand for assessment year 2011-2012 and thereafter, based ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e applicable and in which case the balance demand would be stayed till the disposal of the CIT (Appeal). 7. We have heard learned counsel for the Petitioner and the Respondents. 8. Without going into the controversy whether the Respondents were justified in adjusting the refund for the assessment year 2024-2025 against the outstanding demand of the assessment year 2011-2012 and as to the effect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ear 2011-2012 and the balance amount being refund for the assessment year 2024-2025 would be refunded to the Petitioner within 4 weeks from the date of uploading of the present order; (b) On the adjustment of 5 percent of the refund for the assessment year 2024-2025 against the demand for the assessment year 2011-2012, the balance demand would be stayed till the disposal of the CIT (Appeal); ..... X X X X Extracts X X X X X X X X Extracts X X X X
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