Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Section 194H was treated as inapplicable to prepaid distributor discounts, the controversy having already been covered by the Supreme Court decision cited in the text. On that basis, and noting that the refund application had been made and the revenue itself accepted that refund was due, the Court directed immediate release of the TDS refund. The department's plea that an outstanding demand under the TAN should be adjusted against the refund was left open for separate pursuit, and the petitioner was left free to contest any such demand in accordance with law. The refund was ordered to be released forthwith, without prejudice to either side's rights on the separate demand.
Section 194H was treated as inapplicable to prepaid distributor discounts, the controversy having already been covered by the Supreme Court decision cited in the text. On that basis, and noting that the refund application had been made and the revenue itself accepted that refund was due, the Court directed immediate release of the TDS refund. The department's plea that an outstanding demand under the TAN should be adjusted against the refund was left open for separate pursuit, and the petitioner was left free to contest any such demand in accordance with law. The refund was ordered to be released forthwith, without prejudice to either side's rights on the separate demand.
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