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Income Tax - Highlights / Catch Notes

Home Highlights May 2025 Year 2025 This

HC held that the assessee failed to deposit 20% of the disputed ...


Tax Appeal Dismissed: 20% Disputed Demand Not Deposited, Refund Adjustment Upheld for Recovering Outstanding Tax Liability

May 20, 2025

Case Laws     Income Tax     HC

HC held that the assessee failed to deposit 20% of the disputed demand (Rs. 69,05,933/-) as a pre-condition for staying the demand for AY 2016-17. The outstanding demand was consequently recovered from the refund due for AY 2014-15 through an appeal effect order. The court rejected the assessee's contention that the refund adjustment was contrary to the office memorandum, thereby upholding the tax authority's action of recovering the disputed amount through available refund mechanisms.

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