Refund on appeal, etc.
240. Where, as a result of
any order passed in appeal or other proceeding under this Act 15, refund of any amount
becomes due to the assessee, the 16[Assessing] Officer shall,
except as otherwise provided in this Act, refund the amount to the assessee
without his having to make any claim in that behalf:
17[Provided that where, by the order aforesaid,—
(a) an assessment is set aside or cancelled and an
order of fresh assessment is directed to be made, the refund, if any, shall
become due only on the making of such fresh assessment;
(b) the assessment is annulled, the refund shall
become due only of the amount, if any, of the tax paid in excess of the tax
chargeable on the total income returned by the assessee.]