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2020 (9) TMI 158 - HC - Income TaxDemands order passed under Section 143(1) - Set off/ adjust refund against demands for next assessment years - HELD THAT:- There was no response to the adjustment of demand by the petitioner, yet the objections had been filed in writing with the AO on 29th May, 2020 as well as online with the Centralized Processing Centre by the petitioner before the impugned order was passed. Consequently, as the impugned order dated 03rd July, 2020 has been passed under Section 143(1) of the Income Tax Act, 1961 in violation of principles of natural justice i.e. without dealing with the objections filed by the petitioner either before the Assessing Officer or before the Centralized Processing Centre, the same is set aside. The AO is directed to decide the petitioner’s objections to adjustment of refund arising out of assessment year 2019-20 afresh within a period of six weeks by way of a reasoned order after giving an opportunity of hearing to the petitioner. All rights and contentions of the parties are left open. It is made clear that in the event the objections filed by the petitioner are not decided within the stipulated period, the petitioner shall be entitled to release of refund amounting to ₹ 11,23,33,263/- with applicable interest, if any, forthwith.
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