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146. Entitlement to refund.-
(1) A person, who satisfies the Deputy Commissioner of Taxes or other authority appointed by the Government in this behalf that the amount of tax paid by him or on his behalf, or treated as paid by him or on his behalf, for any year exceeds the amount with which he is properly chargeable under this Ordinance for that year, shall be entitled to a refund of any such excess.
(2) Where the income of the person is included under any provision of this Ordinance in the total income of any other person, such other person alone shall be entitled to a refund under this chapter in respect of such income.
147. Claim of refund for deceased or disabled persons.-
Where through death, incapacity, insolvency, liquidation or other cause, a person, is unable to claim or receive any refund due to him, his legal representative, or the trustee, guardian or receiver, as the case may be, shall be entitled to claim or receive such refund for the benefit of such person or his estate.
148. correctness of assessment, etc., not to be questioned.-
In any claim for refund under this chapter, it shall not be open to the claimant to question the correctness or validity of any assessment or other matter which has become final and conclusive or to ask for a review of the same, and the claimant shall not be entitled to any relief on any such issue raised except refund of the tax paid in excess.
149. Refund on the basis of orders in appeal.-
Where, as a result of any order passed in appeal or other proceeding under this Ordinance, refund of any amount becomes due to an assessee, the Deputy Commissioner of Taxes shall, 1[refund the amount, unless set off against tax or treated as payment of tax as per provisions of section 152,] to 2[the assessee, 3[within sixty days] from the date on which the refund has become due] without his having to make any claim in that behalf.
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1Subs. for "except as otherwise provided in this Ordinance, refund the amount" by F.A. 1995
2Subs. for "the assessee" by F.A. 1992 re-subs. for "within thirty days" by F.A. 1996
3Subs. for the words "within thirty days" by F.A. 1996
150. Form of claim and limitation.-
(1) Every claim for refund 1[under sections 146 and 147] shall be made in such form and verified in such manner as may be prescribed.
2[(2)]No claim for refund 2[ under sections 146 and 147] shall be allowed unless it is made within, two years from the date of service of the demand notice which relates to the refund]
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1Subs. for the words "under this chapter" by F.A. 1997
2Omitted by F. A. 2002
151. Interest on delayed refund.-
Where a refund due to an assessee is not paid within two months of the date of the 1[relevant assessment order or] 2[claim for refund, or refund becoming due consequent upon any order passed in appeal or other proceeding under this Ordinance] interest at the rate of 3[seven and a half percent] per annum shall be payable to the assessee on the amount of refund from the month following the said two months to the date of issue of the refund.
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1 Omitted by F. A. 1995
2Ins. by F.A. 1996
3Subs. for "ten per cent." by F.A. 1995
152. Adjustment of refund against tax.-
Where, under the provisions of this Ordinance, the Income-tax Act,1922 (XI of 1922), the Gift-tax Act, 1963 (XIV of 1963), or the Wealth-tax Act,1963 (XV of 1963), any refund or repayment is found to be due to any person, the amount to be refunded or repaid or any part thereof may be set off against the tax, payable by that person under this Ordinance 1[or treated, at the option in writing of that person, as payment of tax payable under section 64 or section 74 thereof.]
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1Ins by F.A. 1992