S. 245: Refunds-Set off of refunds against tax remaining payable-Conditional stay-Tribunal granted conditional stay allowing adjustment of only 20 per cent of demand out of refund, but respondents adjusted entire refund in violation of operative stay order, such action was illegal, and failure of Tribunal to direct refund of excess amount with interest was erroneous, necessitating setting aside impugned order to this extent and directing refund of excess amount with interest as per law.[S. 254(1), Art. 226]

S. 244A: Refunds-Interest on delayed payment of TDS-Date of tendering cheque to authorised bank constitutes date of payment-Rigidities of online portal cannot deny substantive justice-Refund with interest ordered. [S. 201, 220, Art. 226]

S. 226: Collection and recovery of tax-Spouse-Other modes of recovery-Mere spouse of a director does not create liability for the company’s tax dues; hence, attachment of the spouse’s bank account under section 226(3) is without jurisdiction and invalid. The order was quashed and set aside. [S. 226(3), 179, Art. 226]

S. 220: Collection and recovery of tax-Stay of demand-Pendency of appeal before CIT(A)-CBDT Office Memorandums do not mandate a rigid pre-deposit of 20%-Assessing Officers must judicially exercise discretion based on prima facie merits, financial hardship, and potential hardship-Matter remanded to the Assessing Officer. [S. 220(6), 250, Art. 226]

S. 220: Collection and recovery of tax-Stay-Pendency of appeal before CIT(A)-Refund-Recovery during pendency of appeal before First Appellate Authority cannot exceed 20 per cent of disputed demand without explicit approval of Principal Commissioner-Adjustment of refund in excess of 20% held contrary to CBDT instructions-Directed to refund the amount. [S. 220(6), 250, 270A, Art. 226]

S. 220: Collection and recovery of tax-Stay-Adjustment of refund-Pendency of appeal before CIT(A)-Refund cannot be adjusted against a demand stayed under section 220(6); once the assessee is treated as not in default, such recovery is impermissible-Directed to refund the amount. [S. 220(6), 245, Art. 226]

S. 206C: Collection at source-Trading-Forest produce-No legislative mandate to collect TCS on compounding fees or fines recovered from illegal miners and mineral transporters-SLP dismissed [S. 206(IC), Art. 136, MMDR Act, 1957, S. 23A, Chhattisgarh Minor Mineral Rules, 2015, R. 71(5)]

S. 205: Deduction of tax at source-Bar against direct demand on assessee-Non-deposit of TDS-Revenue cannot recover the same tax from the assessee merely because the employer failed to deposit the TDS with the Government-SLP dismissed on account of delay by 360 days and also on merits. [S.143(1), 199, Art. 136]

S. 205: Deduction of tax at source-Bar against direct demand on assessee-Non-deposit of TDS-No demand can be raised against the assessee under sections 199 and 205 where TDS has been deducted but not deposited by the deductor; directions for CBDT software modifications, being unrelated to the dispute, are unsustainable. [S.199, Art.136]

S. 197: Deduction at source-Certificate for lower rate-competent authority issuing nil rate certificate for part of the financial year and for subsequent part of same financial year directed tax deduction at the rate of 0.1 per cent-unjustified-Directed to issue nil rate certificate-DTAA-India-UK .[S.9(1)(i), 90, Art . 8, Art . 226]