9911796707
TMI Blog2023 (7) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... NO. 5119 of 2023 - - X X X X Extracts X X X X X X X X Extracts X X X X ..... and by the Petitioner. Besides, the Tribunal by orders dated 23rd March 2022 for AY 2015-16 and 5th September 2022 for AY 2016-17 decided in favour of the Petitioner in an appeal against the order u/s 263 of ITA passed by Respondent No. 4. It is submitted that the CBDT Circulars also mandate stay in such cases till the disposal of the first Appeal. 3. Learned Sr. Counsel submits that by an order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n has resulted in a refund of Rs. 93,52,63,810/- which is not effected on account of a technical issue in the ITBA System that indicates a comment "Error while reading by CPC-ITR." He further admitted that on account of procedural lapse the refund for AY 2017-18 has been adjusted against the demand for AY 2016-17 without giving prior intimation u/s 245 of the Act as stated in paragraph 'M' of Affi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt payable against the amount to be refunded is fatal. This Court in Jet Privilege (P) Ltd. v Dy CIT [2021] 131 taxmann.com 119 and BPCL v ADIT [2021] 133 taxmann.com 320 held that the requirement of prior intimation u/s 245 of the ITA was a mandatory requirement and failure to comply with this mandatory requirement of prior intimation would make the entire adjustment wholly illegal. 6. In view t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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