TMI Blog2015 (9) TMI 1046X X X X Extracts X X X X X X X X Extracts X X X X ..... ication under Section 119(2)(b) of the Act is being denied by adopting a very hyper technical view that the application for condonation of delay was made beyond 6 years from the date of the end of the assessment year 200405. In this case the revised return of income filed on 30 September 2009 should itself be considered as application for condonation of delay under Section 119(2)(b) of the Act and refund granted. It will be noted that on 8 May 2009 the CBDT issued a circular clarifying and reviewing its earlier decision to declare that the employees of RBI who opted for early retirement scheme under the Scheme will be entitled to the benefit of Section 10(10C) of the Act. Immediately after the issue of circular dated 8 May 2009 by the CB ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax utilized to discharge tax payable on any other income. 4) It was only on 8 May 2009 that the Central Board of Direct Taxes (CBDT) issued a Circular clarifying that the employees of RBI who had opted for early retirement scheme during the year 200405 would be entitled for benefit of exemption under Section 10(10C) of the Act. In view of the above circular dated 8 May 2009 issued by the CBDT the petitioner filed a revised return of income on 30 September 2009 claiming benefit of exemption available to the Scheme under Section 10(10C) of the Act which consequently would result in refund of ₹ 1.65 lacs paid by RBI as TDS. However, there was no response to the above revised return of income from the respondentrevenue. 5) On 5 Marc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the revised return of income filed on 30 September 2009 should itself be considered as application for condonation of delay under Section 119(2)(b) of the Act and refund granted. 7) It is to be noted that the respondent revenue do not dispute the claim of the petitioner for refund on merits but the same is being denied only on hyper technical view of limitation. It will be noted that on 8 May 2009 the CBDT issued a circular clarifying and reviewing its earlier decision to declare that the employees of RBI who opted for early retirement scheme under the Scheme will be entitled to the benefit of Section 10(10C) of the Act. Immediately after the issue of circular dated 8 May 2009 by the CBDT the petitioner filed on 30 September 2009 a rev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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