D G Exports v. ACIT [2025] 172 taxmann.com 647 (Bom) (HC)

S. 220: Collection and recovery-Assessee deemed in default-Recovery of tax-Pendency of appeal-Adjustment of refund-Payment of 15 per cent of demand-Further payment of 5 per cent-Balance refund to be released.[S. 245,246A, 250(6A) Art. 226]

Where the assessee’s refund for assessment year 2024-25 was adjusted against the outstanding demand for assessment year 2011-12, and the assessee had already paid 15 per cent of the demand and was willing to pay a further 5 per cent in accordance with the CBDT instructions dated 31-7-2017, the High Court held that the adjustment of the refund was to be restricted to 5 per cent of the demand for assessment year 2011-12 and the balance amount of refund was to be refunded to the assessee. (AY. 2024-25).

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