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Home Bare Acts Phrase: refundedIncome Tax Act, 1961 Chapter XIX
Title: Refunds
State: Central
Year: 1961
.....under section 139 or in response to a notice under sub-section (1) of section 142 and the Assessing Officer is of the opinion, having regard to the fact that (i) a notice has been issued, or is likely to be issued, under sub-section (2) of section 143 in respect of the said return ; or (ii) the order is the subject-matter of an appeal or further proceeding ; or (iii) any other proceeding under this Act is pending, that the grant of the refund is likely to adversely affect the revenue, the Assessing Officer may, with the previous approval of the Chief Commissioner or Commissioner, withhold the refund till such time as the Chief Commissioner or Commissioner may determine. Section 242 - Correctness of assessment not to be questioned In a claim under this Chapter, it shall not be open to the assessee to question the correctness of any assessment or other matter decided which has become final and conclusive or ask for a review of the same, and the assessee shall not be entitled to any relief on such claim except refund of tax wrongly paid or paid in excess. Section 243 - Interest on delayed refunds (1) If the Assessing Officer does not grant the.....
View Complete Act List Judgments citing this sectionWealth-tax Act, 1957 Section 34A
Title: Refunds
State: Central
Year: 1957
.....15 or in response to a notice under clause (i) of sub-section (4) of section 16 and the Assessing Officer is of the opinion, having regard to the fact that, (i) a notice has been issued, or is likely to be issued, under sub-section (2) of section 16 in respect of the said return; or (ii) the order is the subject-matter of an appeal or further proceeding; or (iii) any other proceeding under this Act is pending; that the grant of the refund is likely to adversely affect the revenue, the Assessing Officer may, with the previous approval of the Chief Commissioner or Commissioner, withhold the refund till such time as the Chief Commissioner or Commissioner may determine.] (3) Where a refund is due to the assessee in pursuance of an order referred to in sub-section (1) and the 1[Assessing Officer] does not grant the refund within a period of six months from the date of such order, "the Central Government shall pay to the assessee simple interest at 5 [Six per cent] per annum on the amount of refund due from the date immediately following the expiry of the period of six months aforesaid to the date on which the refund is granted. 6 [(3A) Where the whole or any part of the.....
View Complete Act List Judgments citing this sectionGift-tax Act, 1958 [Cease to Have Effect on or After the 01.10.1998] Section 33A
Title: Refunds
State: Central
Year: 1958
.....14 or in response to a notice under clause (i) of sub-section (4) of section 15 and the Assessing Officer is of the opinion, having regard to the fact that,- (i) a notice has been issued, or is likely to be issued, under sub-section (2) of section 15 in respect of the said return; or (ii) the order is the subject-matter of an appeal or further proceeding; or (iii) any other proceeding under this Act is pending; that the grant of the refund is likely to adversely affect the revenue, the Assessing Officer may, with the previous approval of the Chief Commissioner or Commissioner, withhold the refund till such time as the Chief Commissioner or Commissioner may determine.] (3) Where a refund is due to the assessee in pursuance of an order referred to in subsection (1) and the 1 [Assessing Officer] does not grant the refund within a period of six months from the date of such order, the Central Government shall pay to the assessee simple interest at 5 [fifteen per cent.] per annum on the amount of refund due from the date immediately following the expiry of the period of six months aforesaid to the date on which the refund is granted. 6 [(3A) Where the whole or any part.....
View Complete Act List Judgments citing this sectionAgricultural Income-tax Act, 1957 Chapter 6
Title: Refunds
State: Karnataka
Year: 1957
.....determined to be due as a result of the appeal or further proceedings for the period commencing after the expiry of six months from the date of the order referred to in sub-section (1) to the date the refund is granted.] ________________________ 1. Inserted by Act 29 of 1963 w.e.f. 31.10.1963. 2. Substituted by Act 5 of 1993 w.e.f. 9.11.1992. 3. Substituted by Act 7 of 1997 w.e.f. 1.4.1997. Section 46 - Refunds admissible under the Rules Refunds shall also be admissible under this Act in such cases, and to such extent as may be prescribed. Section 47 - Power to set off amount of refund against tax remaining payable Where under any of the provisions of this Act, refund is found to be due to any person, the1 [Assistant Commissioner of Agricultural Income-Tax], the 2 [1 [JointCommissioner], the 2 [Additional Commissioner]] or the Commissioner, as the case may be, may, in lieu of payment of the refund, set off the amount to be refunded, or any part of that amount against the agricultural income-tax, if any, remaining payable by the person to whom the refund is due. ________________________ 1. Substituted by Act 5 of 1993 w.e.f. 9.11.1992. 2. Inserted by Act 14.....
View Complete Act List Judgments citing this sectionBombay Motor Vehicles Tax Act, 1958, (Maharashtra) Section 9
Title: Refund of Tax
State: Maharashtra
Year: 1958
.....- (i) for the words in advance for any period the words, brackets, figures and letters under sub-sections (1C), (ID) or, as the case may be, sub-section (IE) of section 3 shall be substituted; (ii) for the portion beginning with the words a sum and ending with the words not commenced , the following shall be substituted namely :- tax at the rate specified in the Second Schedule or, as the case may be, the Third Schedule, for the every complete quarter ; (iii) the following Explanation and the proviso shall be inserted, namely :- Explanation :- For the purpose of this sub-section, the expression quarter means a period of three calendar months commencing on the 1st day of the month following the month in which the intimation of non-use of the motor vehicle is given by the owner to the Taxation Authority : Provided that a person shall be entitled to a refund of tax for such non-use in respect of a motor vehicle. (i) for the same period either under this sub-section or under sub-section (6), as the case may be, but not under both the sub-sections; (ii) if the total amount of such refund of tax claimed and received from time to time does not exceed the amount of one.....
View Complete Act List Judgments citing this sectionFinance Act 1994 Section 73
Title: Recovery of Service Tax Not Levied or Paid or Short Lived or Short-paid or Erroneously Refunded
State: Central
Year: 1994
.....or paid or has been short-levied or short-paid or erroneously refunded, by reason of fraud, collusion or any wilful mis-statement or suppression of facts, or contravention of any of the provisions of this Chapter or the rules made thereunder, with intent to evade payment of service tax, by such person or his agent, to whom a notice is served under the proviso to sub-section (1) by the Central Excise Officer, such person or agent may pay service tax in full or in part as may be accepted by him, and the interest payable thereon under section 75 and penalty equal to twenty-five per cent. of the service tax specified in the notice or the service tax so accepted by such person within thirty days of the receipt of the notice.]; (2) The 2 [Central Excise Officer] shall, after considering the representation, if any, made by the person on whom notice is served under sub-section (1), determine the amount of service tax due from, or erroneously refunded to, such person (not being in excess of the amount specified in the notice) and thereupon such person shall pay the amount so determined. 3 [Provided that where such person has paid the service tax in full together with interest and.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Chapter 12
Title: Of the Refunding of Legacies
State: Central
Year: 1925
.....may be, in the country of domicile, the surplus or residue to him for distribution to those persons. ______________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "the States". Section 367 - Transfer of assets from India to executor or administrator in country of domicile for distribution Where a person not having his domicile in1[India] has died leaving assets both in1[India] and in the country in which he had his domicile at the time of his death and there has been a grant of probate or letters of administration in1[India] with respect to the assets there and a grant of administration in the country of domicile with respect to the assets in that country, the executor or administrator, as the case may be, in1[India], after having given such notices as are mentioned in section 360, and after having discharged, at the expiration of the time therein named, such lawful claims as he knows of, may, instead of himself distributing any surplus or residue of the deceased's property to persons residing out of1[India] who are entitled thereto transfer, with the consent of the executor or administrator, as the case may be, in the country of domicile, the.....
View Complete Act List Judgments citing this sectionKarnataka Court-fees and Suits Valuation Act, 1958 Chapter VII
Title: Refunds and Remissions
State: Karnataka
Year: 1958
.....(1) shall be laid as soon as may be after it is published in the official Gazette before the state Legislative Assembly while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of that period, the state Legislative Assembly makes any modification in the notification or directs that the notification shall not have effect, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be. ____________________ 1. Sub-section (1) substituted by Section 6 of Act No. 10 of 1964, w.e.f. 5-3-1964. 2. Adapted by the Karnataka Adaptations of Laws Order, 1973, w.e.f. 1-11-1973.
View Complete Act List Judgments citing this sectionPunjab General Sales Tax Act, 1948 [Repealed] Section 12
Title: Refund
State: Central
Year: 1948
.....shall thereafter refund the balance, if any. 2. Where any amount required to be refunded by the assessing authority to any person by virtue of an order issued under this Act is not refunded to him within ninety days of the date of the order, the dealer shall be entitled to get simple interest on such amount at the rate of one per centum per month from the date immediately following the date of expiry of the said period for a period of one month and thereafter at the rate of one and a half per centum per month till the refund is made: Provided that for the purpose of calculation of the interest, part of month shall be considered as one month and any amount less than one hundred rupees shall be considered as one hundred rupees. 4. If the delay in allowing refund within the aforesaid period of ninety days is for reasons beyond the control of the assessing authority or attributable to the dealer, whether wholly or in part, the period of such delay shall be excluded from the period for which interest is payable. 5. If any question arises whether any period is to be excluded for the purposes of calculation of interest under sub-section (4) the same shall be referred to the.....
View Complete Act List Judgments citing this sectionCentral Excise Act, 1944 Section 11A
Title: Recovery of Duties Not Levied or Not Paid or Short-levied or Short-paid or Erroneously Refunded
State: Central
Year: 1944
.....or paid or has been short-levied or short-paid or erroneously refunded by reason of fraud, collusion or any wilful mis-statement or suppression of facts, or contravention of any of the provisions of this Act or of the rules made thereunder with an intent to evade payment of duty, by such person or his agent, the provisions of this sub-section shall have effect as if, for the words "one year", the words "five years" were substituted : 1 [***] Explanation : Where the service of the notice is stayed by an order of a Court, the period of such stay shall be excluded in computing the aforesaid period of one year or five years, as the case may be. 3 [(1A) When any duty of excise has not been levied or paid or has been short-levied or short paid or erroneously refunded, by reason of fraud, collusion or any wilful misstatement or suppression of facts, or contravention of any of the provisions of this Act or the rules made thereunder with intent to evade payment of duty, by such person or his agent, to whom a notice is served under the proviso to sub-section (1) by the Central Excise Officer, may pay duty in full or in part as may be accepted by him, and the interest payable.....
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