On writ the Court held that if the assessment was set aside, the assessee would be entitled to the refund along with interest payable as per the statute or that paid in the cash credit account, whichever was higher and if not, the assessee would be saved from the interest on the amount recovered in the intervening period. Therefore, it was not required to direct refund of the 20 per cent. already recovered from the assessee. There shall be no further recovery based on the earlier assessment order till the appeal was disposed of by the National (AY. 2015-16)
SIS Prosegur Holding Pvt. Ltd. v. PCIT (2024)471 ITR 403 (Patna) (HC)
S. 226 : Collection and recovery-Modes of recovery-Matter pending before CIT(A)-Stayed further recovery of proceedings till the disposal of the appeal. [S. 143(3) 254, 263, Art. 226]
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