TMI Blog2020 (1) TMI 1036X X X X Extracts X X X X X X X X Extracts X X X X ..... r also makes it clear that no interest will be admissible in case of belated refund claims. While A Division Bench of the Bombay High Court in Sitaldas K.Motwani -Vs- Director-General of Income-Tax and others [ 2009 (12) TMI 36 - BOMBAY HIGH COURT] has also considered this circular and has remitted back to the authority to consider the question of hardship as well as the correctness and genuinene ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner and learned Senior Standing Counsel for respondent. 2. The Central Board of Direct Tax has issued circular dated 22.12.2006 under Section 119 of the Income Tax Act, 1961 bearing instruction number 13 of 2006. The said circular has modified the then existing circular and has delegated the powers to pass orders under Section 119(2)(b) of the Income Tax Act for processi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has arisen as a result of excess tax deducted /collected at source and payments of advance tax under the provision of Chapters XVII-B, XVII-BB and XVII-C respectively and the amount of refund does not exceed ₹ 50,00,000 in respect of CCsIT and ₹ 10,00,000 in respect of CsIT for any one assessment year. (b) The income of the assessee is not assessable in the hands of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also should be remitted back to the respondent to pass appropriate order, keeping in mind, the purpose of circular issued under section 119 of the Income Tax Act, 1961 by construing it liberally. Impugned order is thus set aside and the case is remitted back to the respondent. The respondent shall pass appropriate order within a period of three months from the date of receipt of copy of this order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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