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2023 (12) TMI 97 - BOMBAY HIGH COURTAdjustment of refund against demand - petitioner's case that no such adjustment is permissible in the absence of the mandatory intimation required to be given u/s 245 - HELD THAT:- In Bharat Petroleum Corporation Ltd. v. Asst. DIT [2021 (11) TMI 1158 - BOMBAY HIGH COURT] the court has held that the requirement of prior intimation under section 245 of the Act was a mandatory requirement and failure to comply with this mandatory requirement of prior intimation would make the entire adjustment as wholly illegal and, therefore, the respondents could not have made the adjustment as they wanted to. On this ground alone prayer clause-(a) as quoted above has to be granted. Moreover it is also averred in the petition that the Income-tax Appellate Tribunal had stayed the demand for the assessment year 2014-15 and, therefore, the respondent could not have adjusted against the refund. We are not getting into that in view of what we have held above on the mandatory intimation under section 245 of the Act.
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