tax refund

This query is : Resolved 

20 March 2009 a company inreased its income by way of fraud, to take a loan from bank.
two year after the mal practice has been discovered by income tax department.

can the company now make a claim to refund tax of the inflated income previously paid.

21 March 2009 If reassessment proceding is taken against company and new tax liability is calculated by Tax Dept. then you are eligible for Refund but some restirction is levied u/s 239, 240 and 242 with a famous case law of Shelly Products is also to be consider, which restrict you to do so.

So here complete matter is a question of discussion and arguments with AO.

21 March 2009 Let this query be opened to take views of other experts as well.

In my point of view, satisfy the AO and calim your refund.

21 March 2009 thank you for answer


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro

Follow us
add to google news


Answer Query



Company
20 July 2026
Senior GST Executive

Chandak Agarwal & Co

Mumbai

Graduate (Any)

View Details
Company
Featured 18 July 2026
Senior Manager- Finance & Accounts

apricus india

Ahmedabad

CA

View Details
Company
ARTICLESHIP 16 July 2026
Article Assistant

Sahil Agarwal & Company

Mumbai

CA Inter

View Details
Company
06 July 2026
Accountant

Agarwal Anoop and Associates

Noida

CA Final

View Details
Company
05 July 2026
Financial Controller

NovumLake Partners

Mumbai

CA

View Details
Company
ARTICLESHIP 16 July 2026
Article Assistant

G A R U D & Associates

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 17 July 2026
Article Assistant and B.com pass

BANSAL YOGESH AND CO

Gautam Budh Nagar

B.Com

View Details
Company
16 July 2026
CA Inter, CA Intermediate, CA IPCC, CA CPT , CA SemiQualifie

Vakilsearch.com

Chennai

CA Inter

View Details