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On assessee’s request, the department granted refund of the quantity deducted. The court held that on such refund interest won't be obtainable below section 244A.
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In Game 5, the team coughed up the ball a whopping 22 times in an eleven-stage decline, like 7 in the very first quarter and 8 in a tightly contested fourth. And they came in a number of kinds, from bad passes to aimlessly dribbling into traffic to selecting up the ball way too far from the hoop.
Area 244A is a self-contained and consolidated code which supplies for desire on refunds in different conditions which are dealt with hereinbelow.
He's the primary player in 25 yrs to steer the league in scoring, earn the standard season MVP article and also the Finals MVP.
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The need of 1 particular person cannot resource be modified versus refund of A different particular person, but as resolved in case of Glaxo Smith Kline Asia (P.) Ltd. V. CIT[2000] 160 (Delhi), a further implicit need would be that the profits will have to be contented which the assessee will not be in a position to fulfill the demand of tax Which for that setoff, the remarkable tax amount can not be recovered in any respect.
‘Once the evaluation proceedings are still pending, it is idle to speak of any volume or any refund turning into as a result of assessee in regard of that evaluation calendar year, distinct-ly in The sunshine of Part 237’
As made a decision within the case of S.S. Ahluwalia v. ITO [1996] 135 CTR (Gauhati) 225, where specific evaluation had been held to be poor, the level of tax recovered for these evaluation decades which grow to be refundable cannot be retained with the department for becoming adjusted in opposition to tax due in regard of other evaluation years.
Therefore, when a celebration does elevate such challenges in response to a prior intimation, the officer in the earnings performing exercises powers underneath Part 245 of the Act ought to apply his brain to it and should record rationale why the objection is just not sustainable and also talk it on the get together. This before or at some time of changing the refund. This on your own would be certain that that the strength of adjustment less than Part 245 of your Act is not really exercised arbitrarily. This type of procedure would induce no prejudice into the income because the situation to grant the refund would not occur till the objection towards the intimation is disposed of. Ofcourse the objections really should be disposed of expeditiously as undue hold off in granting of refund would bring about prejudice into the celebration entitled into the refund. A prior intimation is required as held with the Central Board of Immediate Taxes vide Circular no. 1989 dated 20.10.2000 as follows:
Stern-faced and limited with his answers, Carlisle wasn't satisfied with Oklahoma City's preparations for any championship parade.