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2015 (4) TMI 868 - HC - Income TaxApplications for refund - period of limitation - Held that:- On consideration of Section 119(2)(b) of the said Act it is of the opinion that directions of the Board may be given in case of delayed application for refund. On the submission of Mr. Poddar, learned senior advocate for the petitioner, it does not appear that applications for refund are time barred. The original application for refund is dated 31st August 2007 followed by reminders. The assessment year was 2006-2007. A claim for refund had to be made before 31st March 2008. The application for refund dated 31st August 2007, it seems to me, was well within time. One would get a situation when at the point of time fringe benefit tax was paid by the writ petitioner, they were not liable to pay such tax or to file such return. Therefore, this amount of ₹ 22 crores and odd can be said to be money paid under a mistake by the writ petitioner, not under any provision of the Act. If money has been received by the government on a mistake committed by the assessee it is liable to refund the sum. While making such refund it should not take recourse to unnecessary procedural formalities. Such seems to be also the view of the Supreme Court in Director of Income-tax (International Taxation) vs. Reliance Infocomm Ltd. reported in (2014 (3) TMI 610 - SUPREME COURT) and in Sandvik Asia Ltd. vs. Commissioner of Incometax reported in (2006 (1) TMI 55 - SUPREME Court . Thus direct the respondent authorities to treat the application as the application for refund and to process the same in accordance with law so that the refund amount along with accrued interest thereon is paid to the writ petitioner by 31st December 2014.
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