https://www.taxtmi.com/caselaws?id=22092 The court held that only the amount of tax paid in excess of what is properly chargeable under the Income-tax Act can be refunded when a regular assessment becomes time-barred or annulled. It clarified provisions under sections 141A, 237, 239, and 240, emphasizing that refunds are subject to specific conditions. The court rejected the argument that retaining tax without a regular assessment violates Article 265 of the Constitution, stating that tax collection through advance tax, tax deducted at source, or self-assessment is lawful. The court directed the respondents to consider the reduction claimed in revised returns as a claim under section 239. The petitions were dismissed, and no certificate for appeal to the Supreme Court was granted. en-us Tue, 28 Jan 1992 00:00:00 +0530 Mon, 07 Dec 2009 10:45:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=22092 The court held that only the amount of tax paid in excess of what is properly chargeable under the Income-tax Act can be refunded when a regular assessment becomes time-barred or annulled. It clarified provisions under sections 141A, 237, 239, and 240, emphasizing that refunds are subject to specific conditions. The court rejected the argument that retaining tax without a regular assessment violates Article 265 of the Constitution, stating that tax collection through advance tax, tax deducted at source, or self-assessment is lawful. The court directed the respondents to consider the reduction claimed in revised returns as a claim under section 239. The petitions were dismissed, and no certificate for appeal to the Supreme Court was granted. Case-Laws Income Tax Tue, 28 Jan 1992 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=22092