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2011 (12) TMI 179 - HC - Income TaxDemand for A.Y. 2003-04 was raised on the petitioner by A.O. in reassessment proceedings – A.O. declined to follow the ITAT order in the petitioner’s own case for A.Y. 2004-05 with respect to the computation of benefit u/s 10A - adjustment of demand against refund due of A.Y. 2010-11without issuing notice u/s 245 – appeal questioning validity of initiating re-assessment proceedings decided in favor of assessee – Held that:- Such a recovery of demand relating to an issue covered by the judgment in favour of the petitioner is directly contrary to CBDT Circular No.1914 of 1993 which provides that a stay of demand could be granted in such situations. Thus, demand made by the A.O. on re-assessment itself becomes invalid and, therefore, no question of adjustment thereof arises. A.O. is directed to release the aforesaid amount. - Decided in favor of assessee.
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