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2012 (11) TMI 184 - HC - Income TaxDenial of Refund of excess tax deducted by source - the same payment of technical fees to the foreign company is made twice - Held that:- The petitioner at the time of making the provision for technical assessment fees, payable to the foreign company deducted an amount of Rs. 19,49,400/as TDS and also deposited such sum with the Government of India on 1.6.1998. When the fees for technical assistance were actually remitted, the petitioner once again deducted a sum of Rs. 21,82,500/- towards tax at source and also deposited the sum with the Government of India on 18.8.1998. Failure to see how the case of the petitioner was not covered under clause(i)(c) of para.(1) of circular no.769 dated 6.8.1998 i.e. the tax deducted at source is found to be in excess of tax deductible for any other reason. Said provision was sufficiently wide and would cover variety of cases of refund of excess tax deducted by source. The petitioner deposited the amount of tax twice for the same payment only due to oversight. Such overpayment was required to be refunded and the case of the petitioner was required to be considered under circular dated 6.8.1998 which was prevailing when the application was filed. Any subsequent change made long thereafter, could not be applied in case of the petitioner - The respondents shall refund sum of Rs. 19,49,400/with simple interest at the rate of 9% for the period after expiry of four months from the date of receipt of the application dated 2.11.1998 till actual payment - in favour of assessee.
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