Case Law Details
Maruti Suzuki India Limited vs. DCIT (Delhi High Court)-
Adjustment of refunds against tax demand invalid, where issues covered by favourable decisions of appellate authorities; IT department directed to refund the taxes; Power to AO u/s 220(6) applicable for CIT (A) and not for ITAT appeal
HC held that reliance on the negative order passed by the Dispute Resolution Panel (DRP) by the tax department is not a valid ground for not staying the demand where issues are covered by the order of the Commissioner of Income-tax (Appeals) [CIT(A)] or the Income-tax Appellate Tribunal (the Tribunal). Further the same cannot be a ground for making adjustment of refund of earlier years under Section 245 of the Act.
The petitioner has filed calculations and has drawn our attention to a chart summarising the issues on which additions/ dis-allowances have been made by the Assessing Officer and has high-lighted that several additions or dis-allowances have already been decided or adjudicated in favour of the petitioner by the CIT (Appeals) or by the ITAT.
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