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2015 (9) TMI 1046 - HC - Income TaxRefund of Tax deducted at source denied - delay of 6 years in claiming the refund - non entertaining the application for condonation of delay for claiming refund - Held that:- It is not disputed by the respondent revenue that on merits the petitioner is entitled to the benefit of refund of TDS as the payment received under the scheme is exempted under Section 10(10C) of the Act. The decision of the Apex Court in the matter of Chandra Ranganathan and ors. Vs. CIT (2009 (10) TMI 498 - SUPREME COURT OF INDIA) concludes the issue. This is also the view of the revenue as clarified in CBDT Circular dated 8 May 2003. The application under Section 119(2)(b) of the Act is being denied by adopting a very hyper technical view that the application for condonation of delay was made beyond 6 years from the date of the end of the assessment year 200405. In this case the revised return of income filed on 30 September 2009 should itself be considered as application for condonation of delay under Section 119(2)(b) of the Act and refund granted. It will be noted that on 8 May 2009 the CBDT issued a circular clarifying and reviewing its earlier decision to declare that the employees of RBI who opted for early retirement scheme under the Scheme will be entitled to the benefit of Section 10(10C) of the Act. Immediately after the issue of circular dated 8 May 2009 by the CBDT the petitioner filed on 30 September 2009 a revised return of income seeking refund of TDS paid on her behalf by RBI. We allow the petition and direct the revenue to grant refund due to the petitioner.
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