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The authority may even soon after looking at the information and circumstances of your case problem get for that refund of surplus tax paid via the assessee. It is true of your assessee to desire extra tax paid more than as tax assessed.
Though just the assessee is entitled to claim refund, having said that, in the subsequent cases the refund is usually claimed by someone apart from the assessee: where by the revenue of one individual is provided underneath any provision with the Profits-tax Act in the entire cash flow of almost every other person, the latter on your own shall be entitled to your refund in regard of these money;
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seven. Set off of Refund of Tax in opposition to Tax / Demand Superb [Segment 245] these details Wherever under any of the provisions of your Profits-tax Act, a refund is observed to get because of anyone, the Examining Officer, Commissioner (Appeals) or Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, as the case may very well be, may, in lieu of payment of right here the refund, established off the quantity to generally be refunded or any Portion of that amount, towards the sum, if any, remaining payable under the Profits-tax Act by the individual to whom the refund is because of, after supplying an intimation in crafting to this kind of individual in the action proposed to be taken.
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Considering the fact that there was no assessment of the refund assert on merits by adverting for the transaction along with the corresponding provisions from the treaty by which they have been governed, the Court docket refrained from delving deeply into contentious visit homepage issues influencing the deserves or demerits of the refund claim. Shifting even more, the Court docket emphasised that “