Income tax refund on appeal is payable without claim, subject to fresh assessment and annulment limits under section 240.

Under Section 240, refund that becomes due from an appellate or other proceeding must be paid without a separate claim, except as otherwise provided. If an assessment is set aside and fresh assessment is directed, refund arises only after the fresh assessment. If the assessment is annulled, refund is limited to tax paid in excess of the tax chargeable on the income returned. The proviso is stated to be declaratory of existing law and to confine refund to excess tax on the valid return.

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