https://www.taxtmi.com/caselaws?id=208635 The court held that the adjustment of demand against the petitioner's refund without issuing a notice under Section 245 of the Act was illegal as it violated the mandatory requirement of providing an opportunity for a hearing. The court also found that the recovery of demand, which contradicted settled issues in favor of the petitioner, was inconsistent with legal principles and CBDT Circular No.1914 of 1993. Consequently, the court allowed the writ petition, directing the assessing officer to release the amount to the petitioner and emphasized the importance of adhering to procedural requirements and legal principles in tax assessments. en-us Thu, 08 Dec 2011 00:00:00 +0530 Tue, 10 Jan 2012 14:57:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=208635 The court held that the adjustment of demand against the petitioner's refund without issuing a notice under Section 245 of the Act was illegal as it violated the mandatory requirement of providing an opportunity for a hearing. The court also found that the recovery of demand, which contradicted settled issues in favor of the petitioner, was inconsistent with legal principles and CBDT Circular No.1914 of 1993. Consequently, the court allowed the writ petition, directing the assessing officer to release the amount to the petitioner and emphasized the importance of adhering to procedural requirements and legal principles in tax assessments. Case-Laws Income Tax Thu, 08 Dec 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=208635