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2015 (5) TMI 313 - CALCUTTA HIGH COURTRefund set off against the Income-tax demand - Held that:- If an amount of refund of ₹ 42,96,720 has been set off against the above Income-tax demand, by the Income-tax authorities without notice to the writ petitioners they have acted contrary to this Division Bench judgment of CIT v. J. K. Industries Ltd.[2000 (3) TMI 29 - CALCUTTA High Court] wherein observed that the Income tax Department could not unilaterally adjust the amount due on refund against a tax demand without giving a notice to the assessee If that is the case, the Department will immediately remit that amount to the account of the writ petitioners with the Bank of Baroda. It will be open to the Income-tax Department to take steps with regard to the same in recovery proceedings. Such transmission of the above amount to the bank account of the writ petitioners has to be made within four weeks of communication of this order. Direct the Commissioner (Appeals) to dispose of the appeal and stay application pending before him within six weeks of communication of this order.
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