India - Income Tax Act 2010 - Saarc

1.823 CH. XIX - REFUNDS S. 243Refund on appeal, etc.240. Where, as a result of any order passed in appeal or other proceeding underthis Act 15 , refund of any amount becomes due to the assessee, the 16 [Assessing]Officer shall, except as otherwise provided in this Act, refund the amount tothe assessee without his having to make any claim in that behalf:17[Provided that where, by the order aforesaid,—(a) an assessment is set aside or cancelled and an order of fresh assessmentis directed to be made, the refund, if any, shall become due onlyon the making of such fresh assessment;(b) the assessment is annulled, the refund shall become due only of theamount, if any, of the tax paid in excess of the tax chargeable on thetotal income returned by the assessee.]Power to withhold refund in certain cases.241. 18 [Omitted by the Finance Act, 2001, w.e.f. 1-6-2001.]Correctness of assessment not to be questioned.242. In a claim under this Chapter, it shall not be open to the assessee toquestion the correctness of any assessment or other matter decided whichhas become final and conclusive or ask for a review of the same, and the assesseeshall not be entitled to any relief on such claim except refund of tax wrongly paidor paid in excess.19Interest on delayed refunds.243. 20 [(1) If the 21 [Assessing] Officer does not grant the refund,—(a) in any case where the total income of the assessee does not consistsolely of income from interest on securities or dividends, within threemonths from the end of the month in which the total income isdetermined under this Act, and(b) in any other case, within three months from the end of the month inwhich the claim for refund is made under this Chapter,15. For the meaning of the expression “other proceeding under this Act”, see Taxmann’sDirect Taxes Manual, Vol. 3.16. Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.1-4-1988.17. Inserted, ibid., w.e.f. 1-4-1989.18. Prior to its omission, section 241 was amended by the Direct Tax Laws (Amendment) Act,1987, w.e.f. 1-4-1988 and later on substituted by the Direct Tax Laws (Second Amendment)Act, 1989, w.e.f. 1-4-1989.19. See rule 119A.20. Substituted for sub-section (1) by the Taxation Laws (Amendment) Act, 1970, w.e.f.1-4-1971.21. Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.1-4-1988.