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    <title>2025 (12) TMI 1653 - CALCUTTA HIGH COURT</title>
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    <description>After the assessee&#039;s application under s. 220(6) of the Income-tax Act, 1961 was allowed by the AO and the assessee was treated as &quot;not in default,&quot; the demand for the earlier AY stood stayed; consequently, the Revenue lacked authority to adjust refunds of a later AY against that stayed demand. As the assessee had already deposited more than 20% of the disputed tax to secure the stay, the HC held that only the stayed-demand adjustment was impermissible, not the stay-deposit. The HC directed the Revenue to refund, within six weeks, the amounts adjusted from the later-year refund pursuant to the intimation, excluding the stay-deposit.</description>
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    <pubDate>Tue, 23 Dec 2025 00:00:00 +0530</pubDate>
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      <title>2025 (12) TMI 1653 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=784113</link>
      <description>After the assessee&#039;s application under s. 220(6) of the Income-tax Act, 1961 was allowed by the AO and the assessee was treated as &quot;not in default,&quot; the demand for the earlier AY stood stayed; consequently, the Revenue lacked authority to adjust refunds of a later AY against that stayed demand. As the assessee had already deposited more than 20% of the disputed tax to secure the stay, the HC held that only the stayed-demand adjustment was impermissible, not the stay-deposit. The HC directed the Revenue to refund, within six weeks, the amounts adjusted from the later-year refund pursuant to the intimation, excluding the stay-deposit.</description>
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