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six. Can the desire compensated (below Area 234B or Portion 234C and other allied sections) be set off towards the fascination receivable beneath Portion 244A on receipt of refund with the assessee?
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The Punjab and Haryana Superior Court in Marigold Engineers vs. UOI has held which the quantities compensated under protest staying extra tax is liable to become refunded for the assessee considering that precisely what is not eligible to get refunded underneath the plan is just tax paid out pursuant to the declaration submitted that's ‘owing’ underneath the scheme.
(i) It can't be stated that no intimation was issued on the assessee. Both the intimations were being admittedly obtained through the assessee on five.8.2019 and at finest it can be stated that no opportunity for responding for the intimations was provided for the assessee.
The counsel to the respondent opposed and argued the sine qua non for declaring a refund is that the assessee should file its return and make a assert inside the reported returns, and For the reason that petitioner neither created any declare for that refund from the DDT nor protested the intimation less than Portion 143(1) and assessment order under Area 143(3) by increasing a plea which the respondents haven't granted the refund of DDT determined by the conversation dated 29 November 2018, the petitioner just isn't entitled for just about any refund.
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Considering that there was no evaluation on the refund declare on merits by adverting to click this site your transaction along with the corresponding provisions from the treaty by which they were governed, the Court refrained from delving deeply into contentious difficulties affecting the merits or demerits of your refund assert. Relocating even more, the Court emphasised that “