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39. Kishore Mohanlal Dingra v. ACIT: (2026) 489 ITR 602 (Bom): 2025 SCC OnLine Bom 1705:
A. Ys. 2014-15 and 2016-17:
Date of order 21/04/2025:
Ss. 143(3), 156, 237 and 245 of ITA 1961
Refund of tax — Adjustment of refund — Assessment order u/s. 143(3) for A. Y. 2016-17 raising demand — Appeal filed before CIT(A) with payment of 20% of demand — Refund for A. Y. 2014-15 adjusted by Revenue against balance demand for A. Y. 2016-17 for which appeal is pending — Held by High Court, adjustment contrary to circular of CBDT and judicial precedents — Adjustment of refund unjustified and illegal — Department directed to refund the adjusted amount.
For the A. Y. 2016-17, the Assessing Officer passed an assessment order u/s. 143(3) of the Income-tax Act, 1961, on December 30, 2018, raising a demand of ₹23,63,374/-. The said assessment order was challenged by filing an appeal with the Commissioner of Income-tax (Appeals). Immediately after filing the said appeal, the petitioner voluntarily paid an amount equivalent to 20 per cent. of the demand and filed proof of payment.
Meanwhile, on November 29, 2019, the Commissioner of Income-tax (A
