HC orders refund of demand adjusted in excess of 20% of disputed tax demands

Goel Road Carriers Private Limited Vs ACIT (Delhi High Court) HC noted the fact that refund has been adjusted against the outstanding tax demand by the Authority without following the due procedure prescribed under Section 245 inasmuch as no notice or opportunity of pre-decisional hearing had been provided to the petitioner prior to such adjustment of refund, this Court is of the opinion that the petitioner is entitled to refund of adjustments made in excess of 20% of the disputed tax demands and Rs.30,000/- set off of refunds against tax payable. Consequently, this Court directs the responden...