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    <title>2026 (3) TMI 90 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI</title>
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    <description>Whether a tax department may unilaterally adjust TDS refunds against pre-existing tax demands was decided by reference to insolvency law: mutual credits and set-off are permitted only where mutual dealings are adjudicated within the liquidation process, and refunds form part of the liquidation estate to be realised and distributed under the Code and Regulations; absent the Department filing a claim and adjudication in liquidation, adjustment against an earlier assessment demand was impermissible, and the adjudicating authority&#039;s direction to refund the TDS to the liquidator was upheld and the appeal dismissed.</description>
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      <description>Whether a tax department may unilaterally adjust TDS refunds against pre-existing tax demands was decided by reference to insolvency law: mutual credits and set-off are permitted only where mutual dealings are adjudicated within the liquidation process, and refunds form part of the liquidation estate to be realised and distributed under the Code and Regulations; absent the Department filing a claim and adjudication in liquidation, adjustment against an earlier assessment demand was impermissible, and the adjudicating authority&#039;s direction to refund the TDS to the liquidator was upheld and the appeal dismissed.</description>
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