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TMI Blog2012 (11) TMI 672X X X X Extracts X X X X X X X X Extracts X X X X ..... ficer to grant refund where the return was filed on 29.03.1996 after one year from the end of the assessment year in violation of the provision of the Section 239(2)(c) of the Act ?" 2. The assessee herein filed return of income for the assessment year 1993-94 on 29.03.1996. Admittedly, it was return filed beyond the limitation time. However, the Officer issued a notice under Section 143(2) of the Income Tax Act, 1961 (hereinafter called as the "Act") on 23.04.1996. Ultimately, the order of assessment was made on 29.10.1998. Both the orders state that it was under Section 143(3) of the Act and the time limit for passing the regular assessment had expired. One can only view this order as the order passed under Section 143(3) read with 147 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sp; 5. We reject the stand of the Revenue that the assessee was not entitled to refund. We also reject the reasoning of the Revenue based on Section 239(2)(c) of the Act. The said provision reads as under:- "Form of claim for refund and limitation:- 239(2) No such claim shall be allowed, unless it is made within the period specified hereunder, namely:- (a)... (b)... (c):- where the claim is in respect of income which is assessable for any other assessment year, one year from the last day of such assessment year." A bare reading of the provision under Section 239 shows the limitation prescribed on the claim for refund falling under different period. The refund claim and limitation is considered under Section 239 of the Act. &nb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erence to interest payable on refund claims made under the Chapter, but not paid within three months in which claim was made. Thus, while Clause (a) was with reference to claim consequent on a determination of income under the Act, Clause (b) is in respect of claim for refund made under this Chapter. 7. The one and only provision available under this Chapter XIX of the Act relating to refunds, when the claim for refund has to be made and the situation to be satisfied is dealt with under Section 239 of the Act. Section 240 is the provision where, the refund is made consequent on the order passed in appeal or other proceedings under this Act, where the assessee need not make any such claim, but the Officer has to refund the amount eve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act. We do not think such view could be sustained having regard to the fact that Section 243(1)(b) of the Act specifically speaks about interest payment at fifteen percent per annum, if the Assessing Officer does not grant the refund within three months from the end of the month in which the total income is determined under this Act. In view of the the provisions of the Act with regard to claim for refund, the limitation and interest on delayed refunds etc, a meaningful interpretation has to be given to Section 239 of the Act as well as to the phrase appearing in Section 243 of the Act. 11. In view of the above reasoning, we have no hesitation in rejecting the Revenue's appeal thereby confirming the order of the Income Tax Appel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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