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2020 (1) TMI 1036 - HC - Income TaxPowers to pass orders u/s 119(2)(b) for processing refund claims - Interest on belated refund claims - HELD THAT:- Power has been given under the circular to the Chief Commissioner of Income Tax for refund of amount not exceeding ₹ 50,00,000/-. The Circular also makes it clear that no interest will be admissible in case of belated refund claims. While A Division Bench of the Bombay High Court in Sitaldas K.Motwani -Vs- Director-General of Income-Tax and others [2009 (12) TMI 36 - BOMBAY HIGH COURT] has also considered this circular and has remitted back to the authority to consider the question of hardship as well as the correctness and genuineness of the refund claim. It is of the view that this case also should be remitted back to the respondent to pass appropriate order, keeping in mind, the purpose of circular issued under section 119 of the Income Tax Act, 1961 by construing it liberally. Impugned order is thus set aside and the case is remitted back to the respondent. The respondent shall pass appropriate order within a period of three months from the date of receipt of copy of this order.
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