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At some time of thinking of the case less than Section 119(two)(b), it shall be ensured the revenue/decline declared and/or refund claimed is accurate and legitimate in addition to the case is of legitimate hardship on merits.
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1. The desire won't be compensated on TDS deducted erroneously by shelling out occasion. As made a decision in case of Universal Cables Limited v. At CIT [2010] 191Taxman 370(MP), the assessee has deducted tax resource erroneously beneath Area 194A in respect of payment to IDBI, even though no tax was required to be deducted from these kinds of payment.
6. Can the fascination paid (beneath Section 234B or Portion 234C and also other allied sections) be set off against the curiosity receivable below Area 244A on receipt of refund with the assessee?
237. If anyone satisfies the Assessing Officer that the amount of tax paid out by him or on his behalf or handled as compensated by him or on his behalf for just about any evaluation calendar year exceeds the quantity with which He's correctly chargeable under this Act for that 12 months, he shall be entitled into a refund of the surplus.
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The Pr.CCIT/CCIT/Pr.CIT/CIT this content dealing with the case shall be empowered to direct the jurisdictional examining officer for making necessary inquiries or scrutinize the case in accordance with the provisions of the Act to determine the correctness from the assert.
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‘Within the Preliminary phase of any proceedings under the Act any refund will count on no matter whether any tax has become paid out by an assessee in excessive of tax in fact payable to(sic: by) him and it really is For that reason that Section 237 on the Act is phrased regarding tax compensated in surplus of quantities properly chargeable.
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It could be independently collected and a variety of actions of coercive Restoration happen to be offered beneath the Act.
Stern-confronted and short with his answers, Carlisle wasn't satisfied with Oklahoma Metropolis's preparations for a championship parade.