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Withholding of Income Tax refund mere due to issue of Scrutiny is not valid
Case Law Details
- Case Name
- Conner Institute of Health Care And Research Centre Pvt. Ltd. Vs ITO (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
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Conner Institute of Health Care And Research Centre Pvt. Ltd. Vs ITO (Delhi High Court)
The exercise of withholding of refund under section 241A of the Act, pursuant to notice u/s 143(2) of the Act, without recording justifiable reasons, is not in consonance with the legislative intent and mandate of the aforesaid provision. The reasons cited do not support the finding that refund would adversely affect the Revenue. In view of the aforesaid, we hold that the reasoning given by the Income-Tax Officer is contrary to Section 241A of the Act. Accordingly, we set aside the impugned...
