https://www.taxtmi.com/caselaws?id=39701 Section 241 of the Income-tax Act, 1961 was treated as an interim procedural safeguard that permits withholding a refund only when the refund is under appeal or further proceedings, the officer forms an adverse-revenue opinion, and prior Commissioner approval is obtained; on that basis, the provision was upheld as constitutional and not violative of Article 14. The provision was also held applicable to refund proceedings arising from assessments under the repealed 1922 Act because the refund right arose after the new Act commenced, and section 241 regulates only the timing and forum of refund, not the substantive entitlement. The writ petition was rejected and the refund withholding order sustained. en-us Thu, 26 Dec 1974 00:00:00 +0530 Mon, 19 Apr 2010 17:09:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=39701 Section 241 of the Income-tax Act, 1961 was treated as an interim procedural safeguard that permits withholding a refund only when the refund is under appeal or further proceedings, the officer forms an adverse-revenue opinion, and prior Commissioner approval is obtained; on that basis, the provision was upheld as constitutional and not violative of Article 14. The provision was also held applicable to refund proceedings arising from assessments under the repealed 1922 Act because the refund right arose after the new Act commenced, and section 241 regulates only the timing and forum of refund, not the substantive entitlement. The writ petition was rejected and the refund withholding order sustained. Case-Laws Income Tax Thu, 26 Dec 1974 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=39701