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    <title>2014 (10) TMI 746 - DELHI HIGH COURT</title>
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    <description>The court ruled in favor of the petitioner, quashing the adjustment order that offset a refund against an outstanding penalty demand without providing the assessee an opportunity to be heard, as required by Section 245 of the Income Tax Act and previous court decisions. The court emphasized the mandatory nature of the procedure under Section 245, stating that adjustments must be made after giving written intimation and an opportunity for the assessee to respond. The adjustment order was deemed invalid due to the lack of opportunity for the assessee to be heard, and the respondents were directed to comply with the mandatory procedures outlined in Section 245.</description>
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    <pubDate>Thu, 16 Oct 2014 00:00:00 +0530</pubDate>
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      <title>2014 (10) TMI 746 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=252612</link>
      <description>The court ruled in favor of the petitioner, quashing the adjustment order that offset a refund against an outstanding penalty demand without providing the assessee an opportunity to be heard, as required by Section 245 of the Income Tax Act and previous court decisions. The court emphasized the mandatory nature of the procedure under Section 245, stating that adjustments must be made after giving written intimation and an opportunity for the assessee to respond. The adjustment order was deemed invalid due to the lack of opportunity for the assessee to be heard, and the respondents were directed to comply with the mandatory procedures outlined in Section 245.</description>
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      <pubDate>Thu, 16 Oct 2014 00:00:00 +0530</pubDate>
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