Delhi HC directed AO to refund sum adjusted over 20% of disputed demand from refund payable to assessee

INCOME TAX : Where order was passed under section 245 for adjustment of refund in excess of 20 per cent of disputed outstanding demand but it did not give any special/particular reasons as to why amount in excess of 20 per cent was recovered from assessee, since said order was contrary to Instruction No. 1914, dated 21-3-1996 which stipulates pre-deposit of only 20 per cent of disputed demand, Asstt. Commissioner was directed to refund amount adjusted in excess of 20 per cent of disputed demand

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