Article 265 of the Constitution mandates refund of excess Income tax paid

Young Women’s Christian Association of Delhi Vs ITO (ITAT Delhi) ITAT Delhi held that Article 265 of the Constitution mandates that no tax shall be levied or collected except by authority of law. If tax has been paid in excess, same has to be refunded to the assessee. Facts- The assessee is a society registered under Societies Registration Act, 1860. It is registered under section 12A of the Income Tax Act, 1961 and claims exemption u/s. 11 and 12 of the Act. In the assessment order framed by the AO on 18.03.2015 under section 143(3) of the Act, the Ld. AO gave the finding that the assesseeâ...