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It can be, on the other hand, of value to appreciate that Part 240 in the Act, which provides for refund by the Revenue on charm etc., offers with all subsequent phases of proceedings and as a consequence is phrased with regard to ‘any sum’ getting to be due to an assessee.’
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If anyone satisfies the Assessing Officer that the amount of tax compensated by him or on his behalf or taken care of as compensated by him, or on his behalf for virtually any assessment year exceeds the amount which He's thoroughly chargeable under the Money-tax Act for that year, he shall be entitled to your refund of the surplus tax paid.
Therefore, from a holistic looking through of the above mentioned principles as enunciated from the assorted case-laws, the subsequent may very well be delineated:
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(iii) It seems just that the powers of established off are exercised in unusual cases exactly where tax is ‘remaining payable’ pursuant to the evaluation attaining finality and which has not been paid and at the same time refund for an additional evaluation calendar year is pending. (iv) It is far from proper to set off tax dues even when the calls for have not been discover this stayed versus refund mainly because of the assessee for The straightforward cause the tax as a consequence of be deposited with the Earnings on account of partial continue to be/no stay has not attained finality and there is no authentic requirement to established off this amount of money which is to become deposited with the Profits.
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three. In a very case exactly where refund claim has arisen consequent to some Court docket buy, the interval for which any these kinds of proceedings were being pending prior to any Court of Regulation shall be overlooked whilst calculating the stated duration of six a long time, presented these condonation application is submitted within six months with the stop with the thirty day period during which the Court docket buy was issued or the end of financial yr whichever is later.