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2004 (11) TMI 20 - HC - Income TaxPower given to the Board under section 119(2) to entertain a belated claim of refund - The petitioner in this writ petition had filed a refund claim for the assessment year 1995-96 u/s 237. Since the claim was made after the period of limitation prescribed in section 239, he moved an application for condonation of delay under section 119(2)(b) which has been rejected by the CBDT without assigning any reasons vide order dated May 25, 2003 - in our view, the power given to the Board under section 119(2) of the Act to entertain a belated claim is nothing but incorporation of the provisions of section 5 of the Limitation Act, 1963 - we are satisfied that by virtue of power conferred on the Board under section 119(2) of the Act, it is fully competent to admit an application for refund even after the expiry of the period prescribed under section 239 of the Act for avoiding genuine hardship in any case or class of cases.
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