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    <title>Petitioner entitled to stay of recovery after 20% tax deposit; refund adjustment deemed arbitrary under tax rules</title>
    <link>https://www.taxtmi.com/highlights?id=90250</link>
    <description>The HC held that the petitioner, having deposited over 20% of the disputed tax demand, is entitled to a stay of recovery proceedings related to AY 2016-17. The Court found the respondent&#039;s adjustment of the petitioner&#039;s refund for AY 2024-25 against the earlier demand arbitrary, especially as rectification and appeal processes remain pending. The HC directed the first respondent to dispose of the petitioner&#039;s refund application and rectification petition within four weeks, refunding Rs. 3 crores with interest. Recovery proceedings are to be deferred until the disposal of pending appeals before the CIT (A). The writ petition was disposed of accordingly, upholding the petitioner&#039;s entitlement to stay and refund.</description>
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    <pubDate>Tue, 08 Jul 2025 08:36:19 +0530</pubDate>
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      <title>Petitioner entitled to stay of recovery after 20% tax deposit; refund adjustment deemed arbitrary under tax rules</title>
      <link>https://www.taxtmi.com/highlights?id=90250</link>
      <description>The HC held that the petitioner, having deposited over 20% of the disputed tax demand, is entitled to a stay of recovery proceedings related to AY 2016-17. The Court found the respondent&#039;s adjustment of the petitioner&#039;s refund for AY 2024-25 against the earlier demand arbitrary, especially as rectification and appeal processes remain pending. The HC directed the first respondent to dispose of the petitioner&#039;s refund application and rectification petition within four weeks, refunding Rs. 3 crores with interest. Recovery proceedings are to be deferred until the disposal of pending appeals before the CIT (A). The writ petition was disposed of accordingly, upholding the petitioner&#039;s entitlement to stay and refund.</description>
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      <pubDate>Tue, 08 Jul 2025 08:36:19 +0530</pubDate>
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