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Refund based on order passed cannot be unjustifiably adjusted against subsequent year demand
Case Law Details
- Case Name
- L G Chaudhary Vs ACIT (Gujarat High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2017-18
- Courts
- All High Courts, Gujarat High Court
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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 determining total i...
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