That is for The key reason why that refund of tax and fascination thereon is payable only when tax is paid out in extra of what is chargeable under the Act for a certain assessment 12 months. Hence, if admittedly there was tax payable for that assessment yr 1994-1995 (from the Inventory Holding Company case) pursuant to some demand from customers via the evaluating officer(which was set off against refund for 1995-1996), it can be inconceivable how the self-assessment tax for that yr(1994-1995) can be refunded, that also with fascination.

The powers of acceptance/rejection within the financial limits delegated to your Pr.CCsIT/CCsIT/Pr.CsJT/CsIT in case of returns boasting refund and supplementary assert of refund will be subject matter to the next even further ailments:

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The Supreme Courtroom has observed that other proceedings under the Act would come with orders handed below Segment 154 (rectification proceedings), orders passed via the Substantial Court docket or Supreme Court under Section 260 (in reference), or orders passed by the Commissioner in revision apps under Part 263 or within an software Beneath Area 273A . Refund as a consequence of an assessee as a result of an order handed underneath Section 245(D)(4) of the Act would even be an get handed in ‘other proceedings’ In CIT vs. Shelly Goods and Ors. the Supreme Courtroom was faced with the dilemma irrespective of whether refund of the self assessment tax and progress tax was valid on the ground that there was no fresh assessment get once the assessment order were annulled. The Supreme Court held as follows:

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The Pr.CCIT/CCIT/Pr.CIT/CIT dealing with the case shall be empowered to immediate the jurisdictional assessing officer to create needed inquiries or scrutinize the case in accordance with the provisions with the Act to confirm the correctness with the assert.

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two. May i thought about this be the tax that is paid past the interval stipulated for filing a declaration liable being refunded alongwith curiosity?

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