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Exactly what is Relief to organization in respect of dividend paid from earlier taxed earnings? What exactly is Relief to selected charitable establishments or resources in regard of specified dividends? Portion 236 and 236A of Money Tax Act 1961
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If any person satisfies the Evaluating Officer that the quantity of tax paid out by him or on his behalf or treated as paid by him, or on his behalf for virtually any assessment 12 months exceeds the quantity which He's adequately chargeable underneath the Money-tax Act for that yr, he shall be entitled to a refund of the surplus tax paid out.
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In case of liquidation of a firm its Formal liquidator or in case of death or incapacity of someone his/her lawful representative will assert the refund.
The Supreme Courtroom has observed that other proceedings under the Act would include orders passed beneath Section 154 (rectification proceedings), orders passed by the Large Court docket or Supreme Courtroom under Section 260 (in visite site reference), or orders passed from the Commissioner in revision programs underneath Section 263 or in an application Beneath Area 273A . Refund due to an assessee due to an order handed under Section 245(D)(four) with the Act would also be an purchase handed in ‘other proceedings’ In CIT vs. Shelly Merchandise and Ors. the Supreme Court was faced with the dilemma whether refund on the self evaluation tax and advance tax was legitimate on the ground that there was no fresh evaluation buy once the assessment purchase were annulled. The Supreme Court held as follows:
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The article guiding issuing an intimation was totally content within the current case as very little further was automatically being pointed out via the assessee the moment it had alone published here acknowledged the set off of quantity thanks. (iv) No further letter/interaction was sent with the assessee withdrawing its previously letter, as well as remotely stating that it's not liable to adjustment of refund.
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With this case also, the assessee is just not required to file any claim for refund of tax. Even though an assessee who may have submitted the return of income is not necessary to file Kind No. 30 to claim refund even so the return of earnings to the evaluation yr for which refund is due must be submitted within the deadline supplied below area 139. In which assessee experienced claimed refund of lesser sum than that mirrored in Kind 26AS, he was to generally be permitted to produce further claim of refund.
two. An assessee is entitled to refund from the tax paid by him in excessive of his tax liability consequent to the failure of your Revenue to frame a refreshing evaluation after the first assessment is nullified. three. The provisos to Section 240 make what's normally implicit, specific.