https://www.taxtmi.com/caselaws?id=192410 Excess advance tax paid under section 18A was treated as refundable where the amounts exceeded the tax chargeable for the relevant years. The statutory scheme under section 48 gave a right to refund, and section 49E allowed the refundable amount to be set off against later tax dues, with the set-off power treated in these circumstances as a duty when refund was due. The fact that the payments were made in Lahore did not defeat the claim, because the refund liability was regarded as a financial obligation transferred to the Union of India under the Indian Independence Order and article 294(b) of the Constitution. The refund claim was also not barred by limitation on the material shown. en-us Mon, 21 Nov 1955 00:00:00 +0530 Tue, 30 May 2017 17:15:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=192410 Excess advance tax paid under section 18A was treated as refundable where the amounts exceeded the tax chargeable for the relevant years. The statutory scheme under section 48 gave a right to refund, and section 49E allowed the refundable amount to be set off against later tax dues, with the set-off power treated in these circumstances as a duty when refund was due. The fact that the payments were made in Lahore did not defeat the claim, because the refund liability was regarded as a financial obligation transferred to the Union of India under the Indian Independence Order and article 294(b) of the Constitution. The refund claim was also not barred by limitation on the material shown. Case-Laws Income Tax Mon, 21 Nov 1955 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=192410