Source: TS-534-HC-2023(DEL)
Recently, the Delhi High Court made a significant ruling regarding tax demands, the key points of which are as follows:
a. Tax demand refers to the 'total tax' as stipulated in the assessment order, not the 'net tax' indicated in the tax notice. b. If a tax officer collects more than 20% of the 'total tax,' the surplus amount can be claimed as a refund along with accrued interest.
The specifics of the case presented to the High Court are as follows: a. The assessment order specified a 'total tax' of 44 crore. b. After subtracting the amount already paid (11 crore), the 'net tax' indicated in the tax notice was 33 crore. The tax officer, in response to the net tax, offset 14 crore from a future tax refund. c. The taxpayer contended that the tax officer had recovered 25 crore (11 + 14), exceeding the 20% threshold of the total tax (i.e., 8.8 crore). d. Consequently, the taxpayer sought a refund of the excess amount they had paid (16.2 crore).
This ruling is a favorable and welcomed decision, as it empowers businesses to reclaim funds that have been held by tax authorities under the guise of tax demands.
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