On writ against the adjustment of refund the Court held that when an application moved by assessee under section 220(6) had neither been considered nor disposed of and Dy. Commissioner proceeded to adjust demand raised for impugned assessment year against refunds which were due and payable to assessee, this action of Deputy Commissioner was wholly arbitrary and unfair. Therefore, matter is remanded to Deputy Commissioner for reconsidering application. (AY. 2018-19)
National Association of Software & Services Companies (NASSCOM) v. DCIT (E) (2024) 340 CTR 41 / 240 DTR 265/160 Taxmann.com 728 (Delhi)(HC)
S. 220 : Collection and recovery-Assessee deemed in default-Refund-Adjustment of refund against demand without considering stay application-Matter is remanded for reconsideration. [S.220 (6), Art. 226]
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