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TMI Blog2018 (2) TMI 2133X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner had made payment of royalty of Rs. 2,00,39,165/to a foreign based company Multibase S.A. France by name. The company did not have PAN. The petitioner therefore deducted tax at source while making the payment at higher rate of 20%. The company thus deducted a sum of Rs. 40,26,438/by way of TDS. 4. The petitioner later on realized that under clause13 of Double Taxation Avoidance Agreement between India and France, the royalty paid by the petitioner to the parent company would invite TDS liability only at the rate of 10% and not 20% as deducted by the petitioner. Thus, the petitioner had made excess deduction of Rs. 20,03,912/under the said head. The petitioner thereupon approached the Assistant Commissioner of Income Tax by writ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and belief. The petitioner has already applied to the departmental authorities for refund. However, the refund is not being granted on the ground of limitation. The petitioner therefore urged the CBDT to exercise powers under section 119 of the Act. 15.02.18 6. We are informed that CBDT has not yet responded to such petition of the assessee. Sum total of above developments is that the petitioner's application for refund of excess TDS deposited is not being decided primarily on the ground that the same was filed after the period of limitation prescribed under the scheme. Primafacie, we do not see any ground to discard the petitioner's contention that there has been excess deposit of TDS as compared to what is prescribed under DTAA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Commissioner (Appeals) to admit an application or claim for any exemption, deduction, refund or any other relief under the Act after the expiry of period prescribed under the Act by or under the Act for making such application or claim and deal with the same on merits in accordance with law. 9. Thus, CBDT undoubtedly has powers to condone the delay even if we assume the Commissioner does not have such powers. We would have ordinarily requested the CBDT to examine the issue and consider exercising such powers on the petition already filed by the petitioner. However, in the present case, the dispute is lingering since quite some time. In any case, the delay is not gross and the repercussion in law is not widespread. We may recall the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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