Refund of amount of tax representing excess over advance tax paid by assessee.

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..... nt in granting refund of the amount of tax representing the excess over advance tax paid by the assessee when the assessments were set aside but re-assessment proceedings were pending, came in for criticism. 2. An assessment is normally set aside by an appellate authority when in its view an addition is made without giving a proper opportunity to the assessee or when the facts relied upon by the .....

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..... ually granting the refund, examines the question whether the grant of the refund is likely to adversely affect the revenue. In case he is of the opinion that the grant of refund is prejudicial to revenue he may refer the matter to the Commissioner of Income tax seeking his approval to withhold the refund under section 241 of the Income-tax Act, 1961. In case refund is withheld, the re-assessment s .....

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