No recovery of tax to be made during search, inspection or investigation unless it is voluntary

Last updated: 24 December 2022
Quick Summary
The Delhi High Court has ruled that tax payments made during a search or investigation cannot be considered voluntary. In the case of M/s. Vallabh Textiles, the court found that the payment of over £1.8 million was made under duress. Consequently, the Revenue Department was ordered to refund the deposited amount along with interest.

Court :
Delhi High Court

Brief :
The Hon'ble Delhi High Court in the case of M/s. Vallabh Textiles v. Senior Intelligence Officer and Ors (W.P.(C) No. 9834/2022 dated December 20, 2022) has held that, payment of tax made during the conduct of search cannot be considered as voluntary payment of tax. Further directed the Revenue Department to refund the amount deposited by the assessee along with the interest.

Citation :
W.P.(C) No. 9834/2022 dated December 20, 2022

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Bimal Jain
Published in Income Tax
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