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2020 (8) TMI 326 - DELHI HIGH COURTWithholding refund u/s 241A - petitioner seeking refund as determined under intimation issued by Centralised Processing Center (C.P.C.) under Section 143(1) - HELD THAT:- Revenue, on instructions states that the respondents, without prejudice to their rights and contentions and without admitting to any illegality are willing to re-consider as to whether Section 241A of the Act is attracted to the present case and pass a fresh order in accordance with the judgments passed in Maple Logistics Private Limited [2019 (11) TMI 340 - DELHI HIGH COURT] and Ericsson India Private Limited [2020 (3) TMI 606 - DELHI HIGH COURT]. Accordingly, we set aside the impugned order dated 01st June, 2020 as well as the reasons given by the Assessing Officer dated 04th February, 2020 and the approval given by PCIT u/s 241A - We also grant six weeks' time to the respondents to re-consider the aspect whether the amount found due to be refunded, or any part thereof, is liable to be withheld under Section 241A in line with the decisions of this Court -The entire consideration, with the approval of the Principal Commissioner of Income Tax to the withholding of the refund amount, or any part thereof, should be completed within six weeks from today, failing which, we direct that without awaiting any further orders, the respondents shall transmit the amount of refund determined under section 143 (1) of the Act along with interest to the petitioner. In the eventuality of the respondents recording any reasons for withholding a part thereof, or the entire amount due for refund to the petitioner under Section 143(1), the reasons thereof as approved by the Principal Commissioner of Income Tax shall be provided to the petitioner forthwith.
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