Delhi HC Ruling On Refund of Amount Adjustment Towards Pre-Deposit In Excess of 20%

Skyline Engineering Contracts (India) Private Limited Vs DCIT (Delhi High Court)

Facts : Refund of amount adjustment towards pre-deposit in excess of 20% and recovery proceedings while appeal is pending.

HELD THAT

1. This Court finds that in the present matters no order has been passed by the AO under Section 245 of the Act for adjustments of refunds.

2. Moreover, there is no order by the Assessing Officer giving any special/particular reason as to why any amount in excess of 20% of the outstanding demand should be recovered from the petitioner-assessee at this stage in accordance with paragraph 4(B) of the office memorandum dated 29th February, 2016.

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