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Income Tax - Highlights / Catch Notes

Home Highlights February 2023 Year 2023 This

Refund of Tax paid - Block assessment - as per Section 153(3) of ...


Court Rules on Tax Refund in Block Assessment; Limits Interpretation of "Is Received" u/s 153(3) of Income Tax Act.

February 15, 2023

Case Laws     Income Tax     HC

Refund of Tax paid - Block assessment - as per Section 153(3) of the Act the time limit for completion of such assessment proceedings viz. nine months had elapsed - Period of limitation after remanding back the order to AO - Revenue did not receive the order - We are unable to accede to the contention of the respondent to construe the words “is received” in section 153(3) to mean “till its received” and thereby extend the limitation in perpetuity. It has to be a reasonable period of time especially when the respondents are a party to the proceeding. - HC

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