No part of the refund can be withheld in relation to the income tax demands, which are either quashed by appellate authority or tribunal or stayed.[2019] 52 ITCD 14 (BOM)
Facts: The petitioner - Vodafone Idea Limited had complained of non-releasing of the refund of Rs. 43.25 crores (rounded of) by the Income Tax (TDS).
Held, that learned Counsel for the original petitioner pointed out that against the refund claim of Rs. 43.25 crores relating to the jurisdiction of Pune Assessing Officer, the TDS mismatched within this jurisdiction came to Rs. 49,30,180/- as indicated by the Assessing Officer himself in a communication dated 06.06.2019. He further stated that after reconciliations this figure now come down to Rs. 1,99,970/-. He therefore, submitted that the Motion of the department should be dismissed.
We keep the larger question of withholding of the refund by one unit of the Income Tax Department for the TDS mismatch across the country open. In the present case, however, the said order was passed on the basis of facts and circumstances pointed out to us and we therefore, see no reason to recall/modify the order. Before closing, it is recorded that no part of the refund can be withheld in relation to the income tax demands, which are either quashed by appellate authority or tribunal or stayed.