ACIT v. Rajendra Kumar (2023) 295 Taxman 407 /334 CTR 343 (SC) Editorial: Rajendra Kumar v. ACIT (2022) 287 Taxman 625/ 445 ITR 622 //327 CTR 116/ 215 DTR 1 (Raj)(HC)

S. 245 : Refunds-Set off of refunds against tax remaining payable-Recovery of tax-Must be given information regarding proposed adjustment-Strictures-For not obeying and considering the judgments of the Supreme Court, as well as the provisions of sections 220(6) and 245 of the Act and the circulars of the Department Cost of Rs 50000 was imposed on the Assessing Officer to be deposited with the Rajasthan State Legal Services Authority-High Court order imposing cost of Rs 50000 is set aside. [S. 220(6), 222, 223, 246A, Customs Act, 1962 S. 129(e), 235(f), Art. 14, 19, 265]

On SLP the Revenue submitted that since main matter was still not yet disposed of, it would be satisfied if imposition of exorbitant cost of Rs. 50,000 was set aside.. Order of High Court on merit affirmed however  the  cost of Rs. 50,000 imposed by High Court is   set aside (AY. 2017-18)