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The authority will likely right after thinking about the points and conditions of the case difficulty purchase for your refund of excess tax paid via the assessee. It is true of the assessee to desire excessive tax paid out above as tax assessed.
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237. If any person satisfies the Assessing Officer that the amount of tax paid by him or on his behalf or treated as compensated by him or on his behalf for almost any evaluation yr exceeds the amount with which he is correctly chargeable below this Act for that yr, he shall be entitled to a refund of the surplus.
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nine Delhi HC slams Govt apathy more than authorized researchers’ pay out hike: ‘They stay late, operate weekends, and are integral into the performing of this establishment’
(iii) It appears just that the powers of set off are exercised in rare cases exactly where tax is ‘remaining payable’ pursuant towards the evaluation attaining finality and that view it now has not been compensated and at the same time refund for one more evaluation yr is pending. (iv) It's not ideal to set off tax dues even though the needs have not been stayed from refund a result of the assessee for The straightforward rationale which the tax because of be deposited with the Revenue on account of partial continue to be/no continue to be has not attained finality and there's no genuine other necessity to set off this amount of money which can be for being deposited with the Revenue.
an evaluation is set aside or cancelled and an get of clean assessment is directed to be produced, the refund, if any, shall come to be due only within the earning of these contemporary evaluation.
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