https://www.taxtmi.com/caselaws?id=40366 A refund claim for tax paid under provisional assessments was treated as subject to limitation, and the Court held that the limitation point could be applied even if not expressly raised where the facts were undisputed. It accepted the linkage between rule 4A of the Business Profits Tax Rules and section 50 of the Indian Income-tax Act, 1922, and rejected reliance on article 265 as displacing limitation, noting that at least the residuary period under article 137 of the Limitation Act would apply. The Court also held that a party could not approbate and reprobate by taking inconsistent positions on the time-bar issue. en-us Tue, 25 Mar 2003 00:00:00 +0530 Sat, 25 Dec 2021 10:12:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=40366 A refund claim for tax paid under provisional assessments was treated as subject to limitation, and the Court held that the limitation point could be applied even if not expressly raised where the facts were undisputed. It accepted the linkage between rule 4A of the Business Profits Tax Rules and section 50 of the Indian Income-tax Act, 1922, and rejected reliance on article 265 as displacing limitation, noting that at least the residuary period under article 137 of the Limitation Act would apply. The Court also held that a party could not approbate and reprobate by taking inconsistent positions on the time-bar issue. Case-Laws Income Tax Tue, 25 Mar 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=40366