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It is, nevertheless, of great importance to appreciate that Portion 240 of the Act, which gives for refund via the Earnings on enchantment etcetera., offers with all subsequent levels of proceedings and thus is phrased in terms of ‘any total’ becoming resulting from an assessee.’

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If any person satisfies the Examining Officer that the quantity of tax paid by him or on his behalf or addressed as paid by him, or on his behalf for almost any evaluation 12 months exceeds the quantity which He's properly chargeable under the Profits-tax Act for that year, he shall be entitled to some refund of the excess tax compensated.

6. Can the desire paid (below Section 234B or Portion 234C and also other allied sections) be established off in opposition to the fascination receivable underneath Portion 244A on receipt of refund via the assessee?

This Circular is issued in suppression of all earlier Guidance/Circulars/Guidelines issued by the CBDT referring to earlier mentioned talked over make any difference of condonation. The Round containing in depth suggestions within the problems for condonation as well as process for being adopted for selecting this kind of matters. The small print During this regard (as given in claimed Round) are as follows:

Section 244A is usually a self-contained and consolidated code which offers for interest on refunds in numerous conditions which might be dealt with hereinbelow.

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The rationale for inserting Segment 244A as a fresh provision to offer with desire was stated via the CBDT in Round no. 549 dated 31st Oct, 1989 as follows:

With the First phase, any tax compensated in excess of tax legal responsibility for a certain evaluation 12 months is going to be refundable if an application is produced while in the manner offered in Section 239.

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three. In a very case the place refund assert has arisen consequent to the Court docket buy, the interval for which any such proceedings had been pending in advance of any Court of Regulation shall be overlooked even though calculating the stated duration of six yrs, provided these kinds of condonation application is filed within 6 months in the conclude on the month in which the Courtroom purchase was issued or the end of monetary 12 months whichever is later on.