https://www.taxtmi.com/caselaws?id=8935 Provisional assessment under section 23B of the Indian Income-tax Act, 1922 is treated as a separate proceeding for collection of tax before regular assessment. Tax paid under that provision is adjusted against a valid regular assessment, but if the regular assessment is a nullity in law, the statutory adjustment mechanism under section 23B(7) does not apply. The provisional assessment does not merge into an invalid final assessment, and the payment retains its own character unless the provisional order itself is set aside. On that basis, the amount paid under the provisional assessment is not refundable merely because the regular assessment was later held invalid. en-us Thu, 25 Jan 1973 00:00:00 +0530 Wed, 17 Jun 2009 15:12:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=8935 Provisional assessment under section 23B of the Indian Income-tax Act, 1922 is treated as a separate proceeding for collection of tax before regular assessment. Tax paid under that provision is adjusted against a valid regular assessment, but if the regular assessment is a nullity in law, the statutory adjustment mechanism under section 23B(7) does not apply. The provisional assessment does not merge into an invalid final assessment, and the payment retains its own character unless the provisional order itself is set aside. On that basis, the amount paid under the provisional assessment is not refundable merely because the regular assessment was later held invalid. Case-Laws Income Tax Thu, 25 Jan 1973 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=8935