9911796707
TMI Blog2022 (2) TMI 291X X X X Extracts X X X X X X X X Extracts X X X X ..... was recovered in excess of 20% of the total disputed tax demand for the Assessment Year 2017-18 against the refunds due for the Assessment Years 2020-21 and 2021-22. 3. Learned counsel for the petitioner states that under Section 220(6) of the Income Tax Act, 1961 [for short 'the Act'], the Assessing Officer has been conferred with the power to grant stay on recovery of outstanding tax demand subject to fulfillment of appropriate conditions. He states that in order to provide guidance and lay down principles regarding stay of demand, the Central Board of Direct Taxes has issued various Circulars/ Notifications from time to time including Office Memorandums dated 29th February, 2016 and 31st July, 2017 prescribing that in cases where an as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sha, Advocate accepts notice on behalf of the respondents. She admits that the relief sought in the present writ petition is covered by the judgment of this Court in the case of Skyline Engineering Contracts (India) Pvt. Ltd. v. Deputy Commissioner of Income Tax Circle 22(2), W.P.(C) 6172/2021, wherein it has been held as under:- "9. Having heard learned counsel for the parties, this Court is of the view that the Government is bound to follow the rules and standards they themselves had set on pain of their action being invalidated. [See: Amarjit Singh Ahluwalia vs. State of Punjab & Ors. 1975 (3) SCR 82 and Ramana Dayaram Shetty vs. International Airport Authority of India & Ors. 1979 SCR (3) 1014]. 10. This Court is also of the view th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as amended by the office memorandum dated 25th August, 2017. 13. Accordingly, the respondent no.1 is directed to refund the amount adjusted in excess of 20% of the disputed demand for the Assessment Year 2017-18, within four weeks....." 7. Keeping in view the aforesaid mandate of law, this Court is of the opinion that the petitioner is entitled to refund of adjustments made in excess of 20% of the disputed tax demands. 8. Consequently, this Court directs the respondents to verify the facts stated in the writ petition and if it finds them to be true and correct then refund the amount adjusted in excess of 20% of the disputed tax demands for the Assessment Year 2017-18 to the petitioner within four weeks. 9. Till the disposal of the app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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