Withholding of refund: tax authorities may suspend refunds where an assessment notice is issued and revenue risk exists. Where a refund arises under the provisional assessment process and the Assessing Officer, having issued an assessment notice, considers payment would likely prejudice the revenue, the Assessing Officer may withhold the refund by recording written reasons and obtaining prior approval of the Principal Commissioner or Commissioner, and may withhold payment until completion of the assessment; the provision applied to assessment years commencing on or after April 2017 and ceased to apply from April 1, 2023.
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.
Withholding of refund: tax authorities may suspend refunds where an assessment notice is issued and revenue risk exists.
Where a refund arises under the provisional assessment process and the Assessing Officer, having issued an assessment notice, considers payment would likely prejudice the revenue, the Assessing Officer may withhold the refund by recording written reasons and obtaining prior approval of the Principal Commissioner or Commissioner, and may withhold payment until completion of the assessment; the provision applied to assessment years commencing on or after April 2017 and ceased to apply from April 1, 2023.
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