Refund entitlement limited to excess tax paid, subject to prescribed claims, set-off and fresh assessment requirements. An assessee is entitled to a refund for any excess amounts paid over liability, subject to prescribed claim form, manner and time. If an assessment is set aside or remitted, refund follows only after a fresh assessment. Refunds are reduced by any outstanding tax payable and paid with intimation; final and conclusive assessments cannot be questioned in refund claims, which are limited to recovery of tax paid in excess.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Refund entitlement limited to excess tax paid, subject to prescribed claims, set-off and fresh assessment requirements.
An assessee is entitled to a refund for any excess amounts paid over liability, subject to prescribed claim form, manner and time. If an assessment is set aside or remitted, refund follows only after a fresh assessment. Refunds are reduced by any outstanding tax payable and paid with intimation; final and conclusive assessments cannot be questioned in refund claims, which are limited to recovery of tax paid in excess.
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