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2022 (2) TMI 881 - HC - Income TaxValidity of intimation u/s 245 - adjustment of demand of assessment year 2015-16 in excess of 20 % from the refund of assessment year 2008-09 - HELD THAT:- The impugned action of the assessing officer under Section 245 of the Income Tax Act, 1961 making adjustment of demand of assessment year 2015-16 in excess of 20 % from the refund of assessment year 2008-09 without disposing of the objection of the petitioner against the intimation under Section 245 of the Act and taking any formal decision on the said objection is bad and not sustainable in law and the impugned action under Section 245 of the Act without disposing of and taking any decision on application of the petitioner under Section 220 (6) of the Act and acting contrary to the aforesaid office memorandum of CBDT dated 29th February, 2016 and 31st July, 2017 is bad in law. Accordingly the Assessing officer concerned is directed to refund the amount adjusted in excess of 20% of the demand arising out of the assessment order relating to assessment year 2015-16 from the refundable amount from the assessment relating to assessment year 2008-09 within four weeks from the date of communication of this order.
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