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Income Tax - Highlights / Catch Notes

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Benefit of Refund - Retention / withholding of refund in ...


Tax Refund Withholding Unjustified Without Adjudicated Demand; High Court Orders Refund Grant to Petitioner.

November 3, 2023

Case Laws     Income Tax     HC

Benefit of Refund - Retention / withholding of refund in anticipation of demand - Status of the enforceability of the demand for the assessment years - Proceedings are still pending before DRP and yet to be adjudicated - There would be no justification for denying the petitioner the advantage of the refund. It is too salient that a levy cannot be unless it is with the authority of law - Grant of refend ordered - HC

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