TMI Blog2013 (7) TMI 358X X X X Extracts X X X X X X X X Extracts X X X X ..... oduce of its members is the only source of income – Held that:- He would be entitled to a deduction under Section 80P (2)(iii) of the Act, but it is for the department to process the return filed by the petitioner and effect refund, if the assesse is entitled to in law - If in the processing of the return, it is found that the petitioner is liable to be charged to tax and a demand raised, it is needless to state that the petitioner cannot advance the plea of limitation in the matter of recovery of the said tax – appeal decided in the favor of the assesse. - W.P. NOS. 21140 & 39020 - 39025 of 2012 (T-IT) - - - Dated:- 18-4-2013 - RAM MOHAN REDDY, J. For the Appellant : A.R Vivek. For the Respondent : K.V. Aravind. ORDER:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -38171 of 2009, whence a learned Single Judge by order dated 24.1.2011, Annexure-G, regard being had to the opinion in Associated Electro Ceramics v. Chairman, CBDT [1993] 201 ITR 501 (Kar.) holding that the Chairman Central Board of Direct Taxes, for short 'CBDT', was empowered to condone the delay in cases relating to carry forward of losses, disposed of the petition permitting the petitioner to approach the Commissioner who was required to consider the condonation of delay on refund application. 5. On remand, the 1st respondent by the order impugned declined to accept the Explanation the application Annexure-'E' for condonation of delay, as sufficient cause for the period from 24.8.2002 to 23.11.2004, observing that the petitioner ough ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nds are provided for under Section 237 in Chapter XIX of the Act, while the limitation for claim of refund is under Section 239 of the Act. 8. Petitioner being a Co-operative Society registered under the KCS Act is required to have its accounts audited by the Statutory Auditor. Regard being had to the fact that the report of the Statutory Auditor was subject matter in W.P.No.520/ 1993, whence by an interim order there was a stay of the report and under the final order dated 16.6.1998, Annexure-C, the second audit report was quashed while the first audit report dated 7.11.1990 was directed to be proceeded with, the second proviso to Section 44AB of the 'Act' undoubtedly applies to the case of the petitioner, and reads thus: "Provide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iod of six years, fell in error in rejecting the processing of the return for the assessment year 1999-00 as being barred by time. This finding too suffers from non-application of mind. 11. Yet again, there can be no dispute that the filing of the returns for the assessment year 1994 through to 1998-99 beyond the period of six years, when considered in W.P.Nos.38165-171/2009, by order dated 24.1.2011, Annexure-G, this Court rejected the claim for condonation of delay, which order is final and binding. 12. Thus, what was left to be considered by the Commissioner of Income-tax was condonation of delay insofar as it relates to the returns filed for the assessment years 1999-2000 and 2000-01. The Explanation offered by the petitioner for th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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