MANMOHAN, DINESH KUMAR SHARMA
Goel Road Carriers Private Limited – Appellant
Versus
Assistant Commissioner Of Income Tax Circle-10(2), Delhi And Another – Respondent
JUDGMENT
Manmohan, J. - Present writ petition has been filed seeking refund of Rs.57,65,410/-, which was recovered in excess of 20% of the total disputed tax demand, for the assessment Year 2012-13 against the refund due for the assessment Year 2020-21. Petitioner also seeks a direction to the respondents to expeditiously decide the appeal filed against the order dated 27th November, 2019 under Section 144 of the Income Tax act, 1961 [for short 'the act'].
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 fulfilment 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 29th February, 2016 and 31st July, 2017, prescribing therein that in such cases where an assessee challenges the additions/ disallowances made in the assessment order by way of an appeal before the first appellate authority, i.e., CIT(a), and during pendency thereof deposits
Amarjit Singh Ahluwalia vs. State of Punjab & Ors. 1975 3 SCR 82
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 mandated to grant stay on recovery of the balance disputed outstanding tax demand till disposal of the first appeal o....
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 adhere to their own prescribed procedures regarding refund adjustments, enforcing taxpayers' rights against undue excess recoveries.
Tax authorities must follow established procedures when collecting disputed amounts, ensuring fairness and adherence to guidelines for stay of demands pending appeal decisions.
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....
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.
The main legal point established in the judgment is that the assessing officer must grant stay of demand till disposal of the first appeal on payment of 20% of the disputed demand, unless specific re....
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....
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