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2020 (7) TMI 73 - HC - Income TaxWithholding of Refund - as per respondents since huge outstanding demand has been pending against the petitioner, the AO has initiated proceedings u/s 241A against the petitioner to withheld the refund after following prescribed procedure laid down in the Act - HELD THAT:- It is not in dispute that as on today, there is no determination of any further tax liability for any other assessment year which liability can be adjusted against the admitted refundable amount determined by the respondent No.1 assuming Section 241A is applicable or otherwise. Even otherwise no approval is granted by the Principal Commissioner or Commissioner as the case may be to withhold the refund up to the date on which the assessment is made. In this case, the assessment order under Section 143(1) for the assessment year 2014-2015 has already attained finality resulting in refund of amount in view of the judgment delivered by Hon’ble Supreme Court on 29th April, 2020 and the order dated 28th May, 2020 passed by the respondent no.1. Insofar as the reliance placed by the learned counsel for the respondents on the judgment of the Delhi High Court in the case of Maruti Suzuki India Ltd. V/s. Deputy Commissioner of Income Tax [2011 (11) TMI 312 - DELHI HIGH COURT] the said judgment is not even remotely applicable to the facts of this case. Reliance placed by the learned counsel on the said judgment is totally misplaced. The respondents are directed to refund a sum of ₹ 833,04,88,000/- to the petitioner within two weeks from the date of uploading of this order without fail.
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