9911796707
TMI Blog2023 (4) TMI 340X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondents to allow the credit of the Tax Deducted at Source ('TDS') amounting to Rs. 14,61,201/- pertaining to the A.Y. 2008-09 to the Petitioner deducted by the Executive Engineer, Rural Electrification Division, Raniket under the incorrect PAN AACCG5304J which is now being reflected under the correct PAN AAAAG5553D of the Petitioner after the revision of the TDS Statement done by the Executive Engineer, Rural Electrification Division, Haldwani (Ranikhet Division got merged with Haldwani Division); b. Issue a writ, order or direction, in the nature of certiorari quashing the impugned Order dated 18/02/2022 (ANNEXURE NO. -2) issued by the Respondent No-1 under section 119(2)(b) of the Income Tax Act, 1961; c. Issue a writ, ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , was not reflected in Form 26AS in the new PAN No. AAAAG5553D, which the petitioner obtained as an Association of Persons. 3. Petitioner further states that the petitioner requested for cancellation of the old PAN Number on 19.06.2008, since the petitioner had obtained a new PAN Number as an Association of Persons. It appears that, thereafter, there was a complete lull on the part of the petitioner, and the petitioner woke up only in the year 2020, and sought to take action for reflection of the TDS deducted, amounting to Rs. 14,61,201/-, against the new PAN Number obtained by the petitioner in the year 2008 itself. Petitioner states that the Income Tax Authorities have also reflected the aforesaid TDS amount against the new PAN Number of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riod of six years from the end of the Assessment Year pertaining to which the application/ claim was made, the petitioner has assailed the said Circular as well, in this Writ Petition. The relevant clause of Circular No. 9/2015, which the petitioner assails, reads as follows :- "3. No condonation application for claim of refund/loss shall be entertained beyond six years from the end of the assessment year for which such application/claim is made. This limit of six years shall be applicable to all authorities having powers to condone the delay as per the above prescribed monetary limits, including the Board. A condonation application should be disposed of within six months from the end of the month in which the application is received by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion, deduction, refund, or any other relief beyond the period of limitation. However, the same does not permit the Board to lay down an outer-limit of time, during which such application for condonation of delay may be entertained. Learned counsel submits that, by prescribing the outer-limit of six years, under Clause 3 of the Circular No. 9/2015, the Board has exceeded its statutory power. Learned counsel further submits that the petitioner would be put to grave hardship, since the said amount of Rs. 14,61,201/-, which constitutes the working capital of the petitioner, would remain locked up, and will not be available to the petitioner to claim credit, for no fault of the petitioner. 7. We have considered the aforesaid submissions of lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... moved the rectification application only in the year 2021, i.e. after over 12 years.
10. It is well settled that, with the expiry of limitation, the law bars the remedy even if the right is not extinguished. Therefore, the right of the petitioner, to avail of the remedy of rectification, stood barred by the law of limitation. The petitioner has only itself to blame for not availing of the remedy available to it within the period of limitation, or even within the period during which the application for condonation of delay could be entertained.
11. For the aforesaid reasons, we find no merit in this Writ Petition. The same is, accordingly, dismissed.
12. Consequently, pending applications, if any, also stand disposed of. X X X X Extracts X X X X X X X X Extracts X X X X
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