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2010 (8) TMI 260 - HC - Income TaxDemand - adjustment of demand from refund due - demand on account of KVSS - Assessee contended that, since the application for adjustment has been made on 26.2.1999 and ultimately the refund order has been passed and the amount has already been adjusted, the adjustment should be deemed to have been made on the date of the application and if the adjustment is deemed to have been made on the date of the application then there would be no default and the application under the KVSS could not be rejected. He further submitted that the Designated Authority has rejected the application without giving any opportunity to the assessee - Held that: - impugned order has been passed without giving any opportunity of hearing. We prima facie find substance in the argument of learned counsel for the petitioners in respect of the claim of adjustment of the amount, but we are of the view that these aspects of the matter need investigation and consideration by the Designated Authority - matter remanded back.
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