Refund based on order passed cannot be unjustifiably adjusted against subsequent year demand

L G Chaudhary Vs ACIT (Gujarat High Court)

Gujarat High Court held that refund entitled to assessee on the basis of order passed by CIT(A) cannot be unjustifiably adjusted against subsequent year’s demand. Accordingly, AO directed to credit refund amount in bank account of the petitioner.

Facts- The petitioner filed return of income for A.Y. 2017-18 on 28.10.2017 declaring total income at Rs. 2,92,83,040/- and claimed refund of Rs. 1,00,01,050/-. The case of the petitioner was selected for scrutiny and assessment order u/s. 143(3) was passed on 30.12.2019

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