TMI Blog2014 (2) TMI 132X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication for condonation of delay was made beyond 6 years from the date of the end of the assessment year 2004-05. - The revised return of income filed on 08 September 2011 should itself be considered as application for condonation of delay under section 119(2)(b) of the Act and refund granted – The Decision in Chandra Ranganathan and ors. vs. Commissioner of Income Tax [2009 (10) TMI 498 - SUP ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on119(2)(b) of the Income Tax Act, 1961 ("the Act") for claiming refund of tax paid. This application was filed by the petitioner seeking refund of tax deducted at source (TDS) by Reserve Bank of India (RBI) on the payment made to him in the year 2004 when he opted for the Optional Early Retirement Scheme (Scheme) 3. The RBI while making the payment to the petitioner under the Scheme had deducte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 10(10C) of the Act. In view of the above the petitioner filed a revised return of income on 8 September 2011 claiming benefit of exemption available to the Scheme under section 10(10C) of the Act which consequently would result in refund of Rs.1.64 lacs paid by RBI as TDS. However, there was no response to the above revised return of income from the respondent-revenue. 5. The petitioner i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... und cannot be considered. 6. 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. (supra) concludes the issue. This is also the view of the revenue as clarified in CBDT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for early retirement scheme under the Scheme will be entitled to the benefit of section 10(10C) of the Act. Soon after the issue of circular dated 8 May 2009 by the CBDT and the decision of the Apex Court in Chandra Ranganathan (supra) the petitioner filed a revised return of income on 08 September 2013 seeking refund of TDS paid on his behalf by RBI. 8. In the above view, we allow the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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