GIRISH KATHPALIA, RAJIV SHAKDHER
Max Life Insurance Company Limited – Appellant
Versus
Assistant Commissioner of Income Tax Circle-10(1), Delhi – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
1. With the consent of learned counsel for the parties, the above- captioned writ petition and application are taken up for hearing and final disposal.
2. The prayers made in the writ petition, in a sense, broadly, articulate the grievance 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
b) issuance a writ of mandamus restraining the Respondents from further recovery of outstanding tax demand for AY 2017-18 until the disposal of appeal filed by the Petitioner before the Commissioner (Appeals);
c) imposition of exemplary costs on Respondents for carrying out a blatantly illegal recovery of tax against the accepted principles of reasonableness, judicial discipline and law.
d) For ad-interim reliefs as the Court may deem fit; and
e) For the costs of this Petition."
3. T
Tax authorities must adhere to established guidelines for refund adjustments, and deviations require explicit justification.
Point of Law : Taxation - Lieu of payment of refund tax - Government is bound to follow rules and standards they themselves had set on pain of their action being invalidated.
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....
Adjustment of refunds in excess of outstanding demand without adhering to CBDT office memorandum is impermissible.
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....
Tax refunds must not be adjusted without mandatory notice and adherence to procedural safeguards as stipulated in the Income Tax Act and CBDT guidelines.
The government must adhere to its own regulations regarding tax demand recovery, and any excess recovery without following prescribed procedures is deemed invalid.
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 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....
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