Meaning of “Amount of tax … Such demand”

Case Name : A. Prayag udyog (p.) Ltd. Vs. Union of india 

Citation  : [2012] 348 ITR 217 (all.)

Court : Allahabad high court

Section : 237 to 245

Meaning : Words ‘amount of tax or penalty specified in notice of demand issued under section 156 is paid in excess of such demand’ as occurring in explanation to section 244a would mean the amount of tax or penalty found in excess of demand in the light of appellate or revisional order.

Case Name : Prayag udyog (p.) Ltd. V. Union of india 

Citation : [2012] 348 ITR 217 (all.)

Court : Allahabad high court

Section : 237 to 245

Meaning : Words ‘excess of such demand’ in explanation to section 244a would mean demand as ultimately upheld by appellate or revisional authority or any court and as a result thereof amount paid by assessee has been found in excess.

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