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of <h1>High Court overturns Assistant Commissioner's order, directs refund with interest</h1> <h3>HDFC Bank Limited Versus The Assistant Commissioner of Income-tax 2(3) & Ors.</h3> HDFC Bank Limited Versus The Assistant Commissioner of Income-tax 2(3) & Ors. - [2013] 354 ITR 77 Issues:Challenge to order of Assistant Commissioner of Income Tax for Assessment Year 2010-11 regarding a stay of demand, disallowances made in assessment order, adjustment of refunds, exemption on dividend income, interest disallowance, and disallowance under Section 14A.Analysis:1. The petitioner challenged an order by the Assistant Commissioner of Income Tax for Assessment Year 2010-11, demanding a deposit of Rs.377.65 crores apart from adjustments made for refunds of previous years. The assessment order included disallowances like broken period interest, amortisation of premium, exemption on dividend income, interest disallowance, and disallowance under Section 14A.2. The disallowances made in the assessment order were challenged by the assessee, citing favorable decisions in previous years and submissions on each disallowance item. The total disallowance amount was Rs.3875.82 crores with tax and interest payable at Rs.1719.65 crores.3. The Assistant Commissioner's order acknowledged the favorable decisions by CIT (Appeals) for Assessment Year 2009-10 on broken period interest and amortisation of premium. However, adjustments were made against refunds due to pending appeals, leading to the petitioner not being treated as a defaulter.4. The disallowance on exemption for dividend income was contested by the assessee with evidence of dividend distribution tax payment by mutual funds, leading to a prima facie case for a stay on recovery. The interest disallowance and disallowance under Section 14A were also challenged based on legal provisions and previous decisions.5. The High Court found the department's adjustment of refunds contrary to law and arbitrary, especially when favorable decisions existed for the assessee. A stay on recovery was granted for specific disallowance items, and the department was directed to refund the balance amount with interest within a specified timeframe.6. The judgment emphasized the importance of following legal procedures and ensuring fairness in tax assessments, directing the department to act in accordance with the law and refund any excess amounts to the assessee promptly.
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