Myntra Designs (P.) Ltd v. NFAC (2024)158 taxmann.com 38 / 336 CTR 614 (Karn) (HC)

S. 241A : Refunds-Withholding of refund in certain cases-In anticipation demand without even recording reasons-Refund cannot be denied. [S. 244A, Art. 226]

Assessing Officer had informed  about computed refund. Principal Commissioner approved withholding of refund recording that reference to TPO was pending and there was every likelihood of raising a demand. On writ allowing the petition the Court held that  if a reference to TPO was under investigation and if adjudication, after due process, results in a demand, assessee will have to answer demand, but in anticipation of a conclusion for a demand without even recording reasons, assessee could not be denied refund. Accordingly the  Assessing Officer is  directed to refund amount along with interest within time specified.(AY. 2021-22)