https://www.taxtmi.com/caselaws?id=276549 Refund under Section 48 of the Income-tax Act, 1922 is available only to a person assessable under the Act who has paid tax, or is deemed to have paid tax, on its own behalf. The commentary explains that Section 49B prevents double taxation by deeming a shareholder to have paid the company's income tax on dividend profits, but it does not extend to super-tax. A sovereign entity not assessable under the Act cannot use the refund machinery to recover tax deducted at company level, because it cannot claim the benefit of the Act while denying liability under it. en-us Fri, 12 Mar 1948 00:00:00 +0530 Tue, 13 Nov 2018 16:48:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=276549 Refund under Section 48 of the Income-tax Act, 1922 is available only to a person assessable under the Act who has paid tax, or is deemed to have paid tax, on its own behalf. The commentary explains that Section 49B prevents double taxation by deeming a shareholder to have paid the company's income tax on dividend profits, but it does not extend to super-tax. A sovereign entity not assessable under the Act cannot use the refund machinery to recover tax deducted at company level, because it cannot claim the benefit of the Act while denying liability under it. Case-Laws Income Tax Fri, 12 Mar 1948 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=276549