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of <h1>Assessing Officer must proactively refund amounts after appellate order; refunds deferred until fresh assessment or limited to excess tax paid</h1> Where an appellate or other proceeding under the Act results in a refund due to the assessee, the Assessing Officer must refund that amount without a claim by the assessee, subject to the Act's other provisions. If the order sets aside or cancels an assessment and directs a fresh assessment, any refund becomes payable only after the fresh assessment is made. If the assessment is annulled, refund is limited to the excess of tax paid over the tax chargeable on the total income returned by the assessee.
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