MANMOHAN, NAVIN CHAWLA
Religare Finvest Ltd. – Appellant
Versus
Deputy Commissioner Of Income Tax – Respondent
JUDGMENT
Manmohan, J.:-- (Oral)
The hearing has been done by way of video conferencing.
1. Present writ petitions have been filed seeking refund of the Income Tax (including interest) adjusted in excess of 20% of the disputed tax demand arising in the case of the Petitioner for the assessment years 2016-17 and 2017-18 against the refunds due for the Assessments Years 2018-19 and 2019-20 along with the applicable interest. Petitioner also seeks direction to the respondent to dispose of the application dated 10th July, 2020 filed by the Petitioner under Section 154 of the Income Tax Act, 1961 [for short ‘the Act’] seeking rectification of the assessment order dated 17thJune, 2020 for the Assessment Year 2016-17.
2. Learned counsel for the petitioner states that under Section 220(6) of 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/ Notification from time to time including Office Memorandums dated 29 th February, 201
The government is bound to follow the rules and standards they themselves had set, and the respondent is entitled to seek pre-deposit of only 20% of the disputed demand during the pendency of the app....
The government must adhere to its own regulations regarding tax demand recovery, and any excess recovery without following prescribed procedures is deemed invalid.
The main legal point established in the judgment is that the assessing officer is mandated to grant stay on recovery of the balance disputed outstanding tax demand till disposal of the first appeal o....
Tax authorities must adhere to their own prescribed procedures regarding refund adjustments, enforcing taxpayers' rights against undue excess recoveries.
The main legal point established in the judgment is that the assessing Officer must adhere to the provisions of the Office Memorandums and grant stay of demand till disposal of the first appeal on pa....
The main legal point established in the judgment is that the assessing Officer is entitled to seek pre-deposit of only 20% of the disputed demand during the pendency of the appeals in accordance with....
The main legal point established in the judgment is that the assessing officer is mandated to grant stay on recovery of the balance disputed outstanding tax demand upon payment/recovery of the standa....
The Assessing Officer shall normally grant stay of demand till disposal of the first appeal on payment of 20% of the disputed demand, and the respondent is entitled to seek pre-deposit of only 20% of....
Tax authorities must follow established procedures when collecting disputed amounts, ensuring fairness and adherence to guidelines for stay of demands pending appeal decisions.
Tax authorities must adhere to established guidelines regarding tax recovery, including limiting recovery to 20% of disputed demands during appeal, failing which excess recovery is invalid.
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