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5. The liability to pay for cash flow tax isn't going to rely upon the evaluation becoming designed but occurs as soon as the Finance Act prescribes the rate or costs for payment of income tax and Short article 265 on the Structure of India just isn't violated. six. In case the examining authority are not able to make an evaluation, it quantities to considered acceptance of your return of revenue. The assessee can not be put in a far more disadvantageous placement and if it has compensated extra tax, it could connect the fact to your Evaluating Officer who may perhaps grant him a refund. Therefore, for instance where by the assessee has wrongly paid out tax though misinterpreting an exemption provision or pays extra tax By the use of plentiful warning, these amounts are liable to be refunded.

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The place an assessee has submitted any return of income and any refund of tax is owing, these types of refund shall be granted with the Assessing Officer on his possess. The assessee is just not necessary to file any claim for these kinds of refund. Similarly, if any refund occurs as a result of an purchase of attractiveness, rectification of mistakes, revision by CIT or appeal to the High Courtroom, the refund shall be granted by the Examining Officer himself.

Segment 244A can be a self-contained and consolidated code which delivers for curiosity on refunds in numerous circumstances which can be dealt with hereinbelow.

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The Pr.CCIT/CCIT/Pr.CIT/CIT working with the case shall be empowered to direct the jurisdictional assessing officer to generate needed inquiries or scrutinize the case in accordance with the provisions of your Act to confirm the correctness on the assert.

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two. Will be the tax which happens to be compensated over and above the interval stipulated for filing a declaration liable to get refunded alongwith interest?

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The judgment causes it to be very clear which the assessee can't be compensated by way of fascination on fascination below recently inserted Portion 244A of the Act. It absolutely was held during the context of Area 244A on the Act as follows: