Income Tax Refund Cannot Be Withheld Without Valid Tax Demand: Calcutta HC

Rajneesh Agarwal Vs ITO (Calcutta High Court)

Summary: The present case concerns a writ petition filed by the assessee seeking direction to the Income Tax Department to release a refund of Rs.22,73,833/- along with interest, which had been withheld under Section 245 of the Income Tax Act, 1961. The petitioner, a practicing Chartered Accountant, maintained his accounts on a cash basis and filed his income tax return for AY 2018-19 in Form ITR-3 on 14th August 2018, declaring a net income of Rs.37,09,520/- and a payable tax of Rs.9,53,117/-. TDS amounting to Rs.39,51

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