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Withholding of tax refund and Principles of Natural Justice

October 17, 2020[2020] 120 taxmann.com 231 (Article)
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Section 237 of the Income-tax Act, 1961 (“Act”) provides that if any person satisfies the assessing officer (“AO”) that the amount of tax paid by him is in excess of the tax liability, he shall be entitled to refund of the excess amount. Pertinently, section 143(1)(e) contained a legislative sanction that “the amount of refund due to the assessee in pursuance of the determination under clause (c) shall be granted to the assessee”. At the same time, the Act,
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