Refund for denying liability to deduct tax in certain cases - Section 239A

Refund for payer-borne tax deductions: payer may seek return after paying tax when deduction not required.

Where a written agreement makes the payer liable to bear tax deductible under section 195 on non-interest income and the payer, having paid such tax, claims deduction was not required, the payer may apply to the Assessing Officer for a refund within a prescribed short period; the Assessing Officer shall allow or reject the application in writing, may conduct inquiries, must provide an opportunity of hearing before rejection, and must decide within the statutory timeframe.