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February 2025

Refund — Adjustment of demand — Recovery of tax — Grant of stay of demand — Powers of the AO — Instructions issued by the CBDT misconstrued — Application for rectification of order pending before Commissioner (Appeals), National Faceless Appeal Centre — Adjustment of refund without considering application for stay of demand arbitrary and illegal — Matter remanded with directions.

By Keshav Bhujle | Ritu Punjabi, Advocates
Reading Time 4 mins

81. National Association of Software and Services Companies (NASSCOM) Vs. DCIT(Exemption)

[2024] 470 ITR 493 (Del.)

A. Ys. 2018-19:

Date of order: 1st March, 2024:

Ss. 154, 220(6) and 237 of ITA 1961:

Refund — Adjustment of demand — Recovery of tax — Grant of stay of demand — Powers of the AO — Instructions issued by the CBDT misconstrued — Application for rectification of order pending before Commissioner (Appeals), National Faceless Appeal Centre — Adjustment of refund without considering application for stay of demand arbitrary and illegal — Matter remanded with directions.

The Assessee filed its return of income for A. Y. 2018-19 and claimed a refund of ₹6,45,65,160 on  account of excess tax deducted at source during the year. The Assessee’s case was selected for scrutiny and assessment order u/s. 143(3) of the Income-tax Act, 1961 was passed after making several additions which resulted into creation of demand of ₹10,26,85,633.

Against the said order, the Assessee filed an appeal before the CIT(A). The Assessee also filed application for rectification

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