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2023 (8) TMI 1426 - MADRAS HIGH COURTRefund seeked of excessively recovered amount over and above 20% - case appears to have been transferred to the National Faceless Appeal Centre, New Delhi - HELD THAT:- As petitioner submits that maximum amount that can be demanded pending appeal before the Appellate Commissioner is only 20% as per the prevailing circular which would amount to Rs.9,73,728/-. However, vide impugned communication dated 11.01.2022, the respondents have stated as follows: “I am directed to communicate that the Principal Commissioner of Income Tax-3, Chennai has considered your petition for grant of stay of collection of demand since CPC has collected more than 20% of demand by way of refund adjustment. Accordingly, the PCIT-3, Chennai has stayed further collection till the disposal of Appeal by the CIT(A).” In view of the above stand of the respondents in the counter, the respondents are directed to refund the excess amount of Rs.19,04,552/- (Rs.28,78,280/- - Rs.9,73,728/-) to the petitioner together with applicable rate of interest, within a period of six weeks from the date of receipt of a copy of this order.
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