2005 (12) TMI 69

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.... the petitioner. Mr. Kotangale appears for the respondent. This petition has been admitted way back in the year 1992 and has been pending for final determination. The petition seeks to challenge the order dated January 30, 1992, passed by the Commissioner of Income-tax under section 264 of the Income-tax Act, 1961 rejecting the revision filed by the petitioner. The facts leading to this revision....

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.... by the Commissioner of Income-tax (Appeals) on January 21, 1986. On March 10, 1986, the Assessing Officer gave effect to the order of the Commissioner of Income-tax (Appeals) dated January 21, 1986. As per the said order dated March 10, 1986, the petitioner was entitled to refund of Rs. 15,45,081. On May 16, 1986, the Assessing Officer issued a refund order for Rs. 18,36,801 consisting of Rs. 15,....

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....r. Firstly that there was delay. As far as this aspect is concerned, on the facts which are narrated above, it cannot be said that there was delay and the revision could not be rejected only on that ground. The second ground for rejecting the application was that the amended provisions of section 214(1A) are applicable with effect from April 1, 1985, and not in respect of the year in question. Mr.....