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If Examining Officer has altered the refund in opposition to tax thanks without correct discover With this regard into the assessee , then Will probably be versus the provisions of Portion 245 and liable to generally be quashed.
In case of liquidation of a business its Formal liquidator or in case of Loss of life or incapacity of an individual his/her authorized agent will claim the refund.
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Exactly where, due to any get passed in appeal or other continuing beneath this Act, refund of any total gets as a result of assessee, the Evaluating Officer shall, refund the quantity to your assessee without his needing to make any declare in that behalf. Furnished that wherever, with the buy aforesaid— an evaluation is put aside or cancelled and an buy of clean assessment is directed to be built, the refund, if any, shall become owing only around the creating of these types of contemporary assessment.
(ii) It absolutely was not really required while in the special details in the case for that Department to await the reply of your assessee for the intimation despatched Given that the assessee itself experienced acknowledged which the demand from customers is usually established off beneath Section 245 of the Act. (iii) When it can be acknowledged that a sound intimation is distributed on the assessee and only no chance to point out factual mistakes/other motives was provided, it can't be reported which the set off can't take place once the assessee alone has unequivocally sent a letter on his possess volition the set off is permissible.
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