https://www.taxtmi.com/caselaws?id=25405 Income-tax refund became payable once the assessee's assessments were annulled, and the assessing authority could not withhold it merely because proceedings challenging the annulment orders were still pending. The mere pendency of a reference or appeal against the annulment did not, by itself, justify invocation of any withholding power. As the refund had accrued under the refund provision on annulment of the assessments, continued retention of the amount was unjustified. The assessee was therefore entitled to receive the refund, and the Department was restrained from withholding it on the ground that the annulment orders were under challenge. en-us Mon, 13 Apr 1987 00:00:00 +0530 Thu, 28 Jan 2010 13:43:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=25405 Income-tax refund became payable once the assessee's assessments were annulled, and the assessing authority could not withhold it merely because proceedings challenging the annulment orders were still pending. The mere pendency of a reference or appeal against the annulment did not, by itself, justify invocation of any withholding power. As the refund had accrued under the refund provision on annulment of the assessments, continued retention of the amount was unjustified. The assessee was therefore entitled to receive the refund, and the Department was restrained from withholding it on the ground that the annulment orders were under challenge. Case-Laws Income Tax Mon, 13 Apr 1987 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=25405