Adjustment of Tax Refund Against Demand Unjustified Due to Stay on Coercive Action

Huawei Telecommunications India Company Private Limited Vs ACIT Central Circle 2 & Anr. (Delhi High Court)

Delhi High Court held that adjustment of refund against outstanding demand not justified on account of an order interdicting coercive action for recovery of dues. Accordingly, petition is allowed and refund amount is directed to be paid.

Facts- The petitioner has filed the present petition, inter alia, impugning the rectified intimation dated 07.07.2022 [the impugned intimation] passed u/s. 143(1) of the Income Tax Act, 1961. The petitioner

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