Refund withholding permitted where assessment, appeal, or other proceedings may affect revenue, subject to Commissioner approval. The substituted sub section permits the Assessing Officer to withhold a refund arising after a return or response to notice where payment would likely adversely affect revenue, provided the Assessing Officer obtains the previous approval of the Chief Commissioner or Commissioner; specified grounds include a notice for assessment being issued or likely to be issued, the order being subject to appeal or further proceeding, or any other pending proceeding, and the refund may be withheld until the period the Chief Commissioner or Commissioner determines.
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 withholding permitted where assessment, appeal, or other proceedings may affect revenue, subject to Commissioner approval.
The substituted sub section permits the Assessing Officer to withhold a refund arising after a return or response to notice where payment would likely adversely affect revenue, provided the Assessing Officer obtains the previous approval of the Chief Commissioner or Commissioner; specified grounds include a notice for assessment being issued or likely to be issued, the order being subject to appeal or further proceeding, or any other pending proceeding, and the refund may be withheld until the period the Chief Commissioner or Commissioner determines.
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