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HC allowed the petition, holding that the respondent's ...


Tax Refund Dispute: Unjustified Adjustment Overturned, Petitioner Wins Right to Recover Erroneously Withheld Funds

April 23, 2025

Case Laws     Income Tax     HC

HC allowed the petition, holding that the respondent's adjustment of refund for AY 2014-15 against the demand for AY 2016-17 was unjustified. The court noted that the petitioner had already paid 20% of the demand for AY 2016-17, and an appeal was pending. The respondent's action was contrary to CBDT Circular and prior judicial precedent. The court directed the respondent to refund the erroneously adjusted amount, emphasizing that the balance demand should be stayed pending appeal resolution.

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