Section 435 — Refund on appeal, etc

(1) Where, as a result of any order passed in appeal or other proceeding
under this Act, refund of any amount becomes due to the assessee, the As -
sessing 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.
(2) Where, by the order as referred to in sub-section (1),—
( 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.