TMI Blog2023 (8) TMI 596X X X X Extracts X X X X X X X X Extracts X X X X ..... recover anything more than 20% of the demand - HELD THAT:- The respondents/revenue will refund the amount which is in excess of 20% of the outstanding demand concerning AY 2017-18. The said sum will also include as sought to be adjusted against the disputed demand for AY 2017-18 by respondent no. 1. CIT(A) will endeavour to dispose of the appeal at the earliest. The amount will be remitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance of the petitioner. For the sake of convenience, the substantive prayers made in the writ petition are extracted hereafter : a) issuance of a writ of mandamus directing the Respondents to refund the amount adjusted against the disputed demand for AY 2017-18 in an illegal and arbitrary manner by adjusting the same against the refund for the preceding years i.e. AY 2013-14 and 2014-15; and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicant s appeal bearing number 10488/2019-20 in a time bound manner. 3.1 This prayer made in the application is based on the order dated 27.09.2022 passed by the Commissioner of Income Tax (Appeals) [in short, CIT(A) ] for Assessment Year (AY) 2017-18. The operative part of this order reads as follows : . 5. However, against the total demand of Rs. 221 crores, Rs. 86 crores have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hing more than 20% of the demand. This order also reflects the position that the amount recovered, i.e., Rs. 86 crores, (as is obvious if simple mathematical calculation is done), is more than 20% of the demand; which is approximately Rs. 221 crores. 5. As per Central Board of Direct Taxes (CBDT) OM dated 31.07.2017 in F. No. 404/72/93-ITCC (FTS:284146), the respondents/revenue cannot recover m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the appeal at the earliest. The amount will be remitted as expeditiously as possible, though, not later than six (6) weeks from the date of receipt of this order, along with applicable interest. 8. The writ petition is disposed of, in the aforesaid terms. 9. Consequently, the pending application shall stand closed. 10. Parties will act based on the digitally signed copy of the order. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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