Section 45A in Karnataka Agricultural Income-Tax Act, 1957
45A. [ Power to withhold refund in certain cases. [Inserted by Act 29 of 1963 w.e.f. 31.10.1963.]
(1)Where an order giving rise to a refund is the subject matter of an appeal or further proceedings or where any other proceeding under this Act is pending, and the [Assistant Commissioner of Agricultural Income-tax] is of the opinion that the grant of the refund is likely to adversely affect the revenue, the [Assistant Commissioner of Agricultural Income-tax] [Substituted by Act 5 of 1993 w.e.f. 9.11.1992.] may, with the previous approval of the [Joint Commissioner] [Substituted by Act 5 of 1993 w.e.f. 9.11.1992.], withhold the refund till such time as the [Joint Commissioner] [Substituted by Act 5 of 1993 w.e.f. 9.11.1992.] may determine.(2)Where a refund is withheld under the provisions of sub-section (1), the State Government shall pay to the assessee simple interest at [twelve per cent] [Substituted by Act 7 of 1997 w.e.f. 1.4.1997.] per annum on the amount of refund ultimately determined to be due as a result of the appeal or further proceedings for the period commencing after the expiry of six months from the date of the order referred to in sub-section (1) to the date the refund is granted.]
