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    <title>2023 (9) TMI 1726 - CALCUTTA HIGH COURT</title>
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    <description>HC allowed the writ petition, holding that the assessing officer&#039;s recovery of more than 20% of the disputed tax demand, by adjusting it against admitted refunds for other assessment years while appeals were pending before CIT(A), was arbitrary and unsustainable in law. Relying on precedent, HC directed the respondent Income Tax Authority to refund the excess amount recovered over 20% from refunds relating to assessment years 2010-11 and 2017-18, which had been appropriated towards demands for assessment years 2011-12, 2012-13 and 2013-14. The refund is to be made within four weeks, after verification and opportunity of hearing if required.</description>
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      <title>2023 (9) TMI 1726 - CALCUTTA HIGH COURT</title>
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      <description>HC allowed the writ petition, holding that the assessing officer&#039;s recovery of more than 20% of the disputed tax demand, by adjusting it against admitted refunds for other assessment years while appeals were pending before CIT(A), was arbitrary and unsustainable in law. Relying on precedent, HC directed the respondent Income Tax Authority to refund the excess amount recovered over 20% from refunds relating to assessment years 2010-11 and 2017-18, which had been appropriated towards demands for assessment years 2011-12, 2012-13 and 2013-14. The refund is to be made within four weeks, after verification and opportunity of hearing if required.</description>
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