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Court sets aside respondent's adjustment, remands for fresh consideration. Petition contents deemed response. The Court set aside the adjustment made by the respondents against the petitioner's demand, remanding the matter for fresh consideration within four ...
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The Court set aside the adjustment made by the respondents against the petitioner's demand, remanding the matter for fresh consideration within four weeks. The Court instructed the authority to treat the contents of the petition as the petitioner's response to the intimation, ultimately directing a fresh decision within a specified timeframe.
Issues involved: The petitioner challenged the adjustment made by the respondents against a demand for a prior period, claiming it was impermissible due to a stay order by the Income Tax Appellate Tribunal. The petitioner also argued that the adjustment was made before the expiry of the response period provided.
Summary: The petitioner filed a petition challenging the adjustment of a sum of Rs. 6,27,20,736 against a demand for the Assessment Year 2019-20, contending that it was impermissible as the demand was stayed by the Income Tax Appellate Tribunal. The petitioner highlighted that the online portal also reflected the stay on the demand. Despite being given thirty days to respond to the adjustment notice, the respondents proceeded with the adjustment and issued a refund for the balance amount. The petitioner claimed entitlement to the full refund without any adjustment under Section 245 of the Income Tax Act.
During the proceedings, the respondents argued that there was "no response" from the petitioner as per an intimation under Section 143(1) of the Act. However, the petitioner's counsel contended that the adjustment was made before the expiry of the response period provided in the intimation dated 03.11.2022. The Court noted this discrepancy and set aside the adjustment, remanding the matter for fresh consideration by the concerned authority within four weeks. The authority was instructed to treat the contents of the petition as the petitioner's response to the intimation.
The Court ultimately disposed of the petition by setting aside the adjustment made by the respondents and directing a fresh decision within a specified timeframe.
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