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Karnataka HC allows Income Tax Refund of amount Beyond 20% in Stayed Tax Demand

Case Law Details

TaxGuru Citation
2025 taxguru.in 4232
Case Name
Karnataka Golf Association Vs DCIT (Karnataka High Court)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2019-20
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Karnataka Golf Association Vs DCIT (Karnataka High Court)

Karnataka High Court directs department/ respondents to refund of entire amount in excess of 20% for the assessment years 2022-2023 and 2019-20 together with interest in case the demand is stayed.

Facts- The issue involved in the present petition is that respondents are directed to refund entire amounts payable to the petitioner in excess of 20% of the demands for disputed Assessment Year. It is also pertinent to note that on 24.01.2024 and 08.2024, the first respondent issued a letter granting stay of demand for Assessment year under dispute. Subsequently, the petitioner submitted a representation/application dated 05.09.2024 and 24.10.2024 seeking the respondents for the refund of the adjust amount along with interest for which the petitioner neither received a reply nor the refund.

Conclusion- Held that the petitions are hereby allowed and disposed of in terms of M/s. Price Waterhouse, Bengaluru Vs. National Faceless Appeal Centre, Delhi and Ors passed in P.No.23784/2024 dated 25.09.2024. The concerned respondents are directed to refund the entire amount in excess of 20% for the assessment years 2022-2023 and 2019-20 together with interest, if applicable, back to the petitioner after due verification within a period of six weeks from the date of receipt of copy of this order.

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