The petitioner is questioning the collection of tax and seeks refund of amount paid through DRC-03 which according to the petitioner was a coercive recovery.
Voluntary payment ——–The petitioner sought direction for refund of amount of Rs. 70,00,000/- paid on 18.03.2021 through DRC-03 which according to the petitioner was a coercive recovery. He relied the Telangana High Court in case of M/s. Deem Distributors Private Ltd. vs. Union of India reported in 2021 (8) TMI 405, 39 TAXLOK.COM 016 , which clearly held that no tax demand can be issued or raised when the investigation is still in progress which in the instant case has continued.
Held that:- The Hon’ble High Court issued Notice returnable on 08.10.2021.
The petitioner is questioning the collection of tax and seeks refund of amount paid through DRC-03 which according to the petitioner was a coercive recovery.
Voluntary payment ——–The petitioner sought direction for refund of amount of Rs. 70,00,000/- paid on 18.03.2021 through DRC-03 which according to the petitioner was a coercive recovery. He relied the Telangana High Court in case of M/s. Deem Distributors Private Ltd. vs. Union of India reported in 2021 (8) TMI 405, 39 TAXLOK.COM 016 , which clearly held that no tax demand can be issued or raised when the investigation is still in progress which in the instant case has continued.
Held that:- The Hon’ble High Court issued Notice returnable on 08.10.2021.