TMI Blog2021 (8) TMI 593X X X X Extracts X X X X X X X X Extracts X X X X ..... rant stay of demand where the outstanding demand is disputed on assessee paying 20% of the disputed demand. Admittedly, petitioner has filed an appeal disputing the outstanding demand for A.Y. 2015-16 and A.Y. 2016-17 and have deposited 20% of the amount demanded. Therefore, there is a stay of demand in force. The effect of this deposit would mean that the time to make the payment stands extended and petitioner is not deemed to be an assessee in default for the recovery provisions to be set in motion. Respondent to refund the amounts to petitioner as determined for A.Y. 2019-20 under intimation issued under Section 143 (1) of the Act with interest thereon as per law within a period of four weeks from the date of receipt of this order. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid communication. The Outstanding Demand table reads as under : SLNo. PAN The Outstanding demand pertains to the AY Demand Raised under section DIN Demand Raised Date Demand Amount Demand Uploaded By Rectification rights with 1 AACCJ9147J 2015 154 2018201510000470981C 11-07-2018 14802770 Jurisdictional AO AO 2 AACCJ9147J 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view that should not really matter because 20% has been deposited and respondents have accepted the same. The stay for both A.Y. 2015-16 and 2016-17 have to be in force. 5. Mr. Pardiwalla submitted that before any adjustment is made, it is mandatory to give intimation under Section 245 of the Act to the person to whom the refund is due of the proposed action. In this case, admittedly, and we say admittedly because the affidavit in reply/additional affidavit filed by respondent confirms that the intimation under Section 245 of the Act was given only on 13th May, 2020. At this point, if one refers to Form 26 AS which is the annaul tax statement under Section 203 (AA) of the Act for the A.Y. 2015-16 and for A.Y. 2016-17, adjustment against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee. 7. For ease of reference, we shall quote Section 245 of the Act, which read as under ; 245. Set off of refunds against tax remaining payable 2 Where under any of the provisions of this Act, a refund is found to be due to any person, the [Assessing] Officer, Deputy Commissioner (Appeals)],Commissioner (Appeals)] or Chief Commissioner or Commissioner], as the case may be, may, in lieu of payment of the refund, set off the amount to be refunded or any part of that amount, against the sum, if any, remaining payable under this Act by the person to whom the refund is due, after giving an intimation in writing to such person of the action proposed to be taken under this section. 8. Mere perusal of the section makes it clear that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re the outstanding demand is disputed on assessee paying 20% of the disputed demand. Admittedly, petitioner has filed an appeal disputing the outstanding demand for A.Y. 2015-16 and A.Y. 2016-17 and have deposited 20% of the amount demanded. Therefore, there is a stay of demand in force. The effect of this deposit would mean that the time to make the payment stands extended and petitioner is not deemed to be an assessee in default for the recovery provisions to be set in motion [(Hindustan Unilever (supra)]. 11. Respondent to refund the amounts to petitioner as determined for A.Y. 2019-20 under intimation issued under Section 143 (1) of the Act with interest thereon as per law within a period of four weeks from the date of receipt of thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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