Held merely because a notice had been issued under section 143(2) of the Act, was not sufficient ground to withhold the refund. The Principal Commissioner had also mechanically accorded permission to withhold the refund till the date of finalization of assessment without any application of mind in the matter. The order withholding refund was not valid.(AY.2020-21)
Oyo Hotels and Homes Pvt. Ltd. v Dy. CIT (2023)456 ITR 743 /148 taxmann.com 410/ 333 CTR 454/ 224 DTR 389 (Delhi)(HC)
S. 241A : Refunds-Withholding of refund-Permission for withholding of refund given without application of mind is not valid.[S. 143(2), Art. 226]
good case