Refund claim allowed u/s 240 for Rs. 27,04,767/- despite late filing, overriding AO & CIT(A) orders.

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....Refund claim denied u/s 239(2)(c) as assessee filed return after one year from last date of relevant assessment year. Assessee contended case covered u/s 240 as refund consequent to appellate order. Held, Section 239 applies to refund by self-assessment, Section 240 covers refund pursuant to appellate order. ACIT passed order u/ss 251/154/147/143(3) determining refund. Assessee's case covered u/s 240, not Section 239. Orders of AO and CIT(A) set aside, assessee entitled to refund of Rs. 27,04,767/-. Appeal allowed.....