Provisional assessment limitation runs from finalisation, so a refund claim was not time-barred.

A refund claim was not barred by limitation where the assessment remained provisional, because the relevant date for computing limitation is the date of finalisation of the provisional assessment and not the earlier date of payment. The reason why the assessment was made provisional was immaterial, since a provisional assessment does not become final until it is adjusted. The limitation objection therefore could not be sustained and the refund claim was not time-barred on that ground.

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Issues: Whether the refund claim was barred by limitation when the assessment remained provisional.

Analysis: The relevant date for computing limitation under the refund provision is the date of finalisation of a provisional assessment, and not the earlier date of payment. The reason for which the assessment was made provisional is immaterial for this purpose, because a provisional assessment is not a final assessment until it is adjusted.

Conclusion: The limitation objection could not be sustained and the refund claim was not barred on that ground.

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