https://www.taxtmi.com/caselaws?id=265084 A refund can be adjusted against later tax dues under section 52 only after it has been determined by the competent authority as an excess payment; an anticipated or uncrystallised refund is not available for unilateral set-off in a return or revised return. Because the assessee's entitlement to the earlier-period refund was adjudicated only later, there was no legal basis to adjust it against the subsequent period's liability when the adjustment was claimed. On that footing, the Tribunal's view that interest under section 47(4A)(b) remained payable was found to involve no legal infirmity, and the issue was decided against the assessee. en-us Thu, 03 Sep 2015 00:00:00 +0530 Tue, 07 Jun 2016 13:01:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=265084 A refund can be adjusted against later tax dues under section 52 only after it has been determined by the competent authority as an excess payment; an anticipated or uncrystallised refund is not available for unilateral set-off in a return or revised return. Because the assessee's entitlement to the earlier-period refund was adjudicated only later, there was no legal basis to adjust it against the subsequent period's liability when the adjustment was claimed. On that footing, the Tribunal's view that interest under section 47(4A)(b) remained payable was found to involve no legal infirmity, and the issue was decided against the assessee. Case-Laws VAT and Sales Tax Thu, 03 Sep 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=265084