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For the reason that impugned communication isn't going to take a look at the petitioner’s assert for any refund of the surplus DDT paid out about the merits, the Bench noticed which the petitioner’s refund assert can't be said to are already ultimately turned down.
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2. No condonation software for declare of refund/loss shall be entertained beyond 6 yrs from the conclusion in the assessment calendar year for which these types of application/assert is produced. This limit of 6 several years shall be applicable to all authorities owning powers to condone the delay as per the above mentioned prescribed monetary boundaries, such as the CBDT.
If Assessing Officer has adjusted the refund versus tax owing without good see In this particular regard to your assessee , then it will be from the provisions of Portion 245 and liable to get quashed.
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238. (one) Wherever the cash flow of one human being is incorporated beneath any provision of this Act in the overall revenue of another individual, the latter by itself shall be entitled into a refund less than this Chapter in respect of these money.
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During the writer’s perspective, no deduction is permissible since none of the deductions stipulated below Section 57 is often built relevant to these types of revenue. Even normally, there could be no expenditure, revenue or funds attributable to such cash flow.
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ten “Anticipatory Bail is surely an Remarkable electric power, not for use to be a issue of course”: HC denies reduction in property dispute assault case
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In this particular case also, the assessee just isn't necessary to file any claim for refund of tax. Though an assessee who's got submitted the return of earnings is just not necessary to file Form No. 30 to claim refund however Clicking Here the return of revenue for your evaluation 12 months for which refund is due should be submitted within the cut-off date offered less than section 139. Wherever assessee had claimed refund of lesser quantity than that reflected in Kind 26AS, he was to be permitted to generate supplemental claim of refund.
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