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    <title>2009 (2) TMI 243 - ITAT DELHI-G</title>
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    <description>The Tribunal held that the excess tax refunded to the assessee, which was returned to the employer, was not taxable income or a perquisite. The reassessment orders were set aside, and the assessee&#039;s appeals were allowed. The Tribunal emphasized that the nature of the receipt must be examined, and if the amount is not due to the recipient, it cannot be taxed. The employer&#039;s right to the refund and the obligation to return the excess amount were pivotal in determining the taxability.</description>
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      <title>2009 (2) TMI 243 - ITAT DELHI-G</title>
      <link>https://www.taxtmi.com/caselaws?id=65487</link>
      <description>The Tribunal held that the excess tax refunded to the assessee, which was returned to the employer, was not taxable income or a perquisite. The reassessment orders were set aside, and the assessee&#039;s appeals were allowed. The Tribunal emphasized that the nature of the receipt must be examined, and if the amount is not due to the recipient, it cannot be taxed. The employer&#039;s right to the refund and the obligation to return the excess amount were pivotal in determining the taxability.</description>
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      <pubDate>Wed, 11 Feb 2009 00:00:00 +0530</pubDate>
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