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1 - 10 of 18 (0.44 seconds)Section 80IB in The Income Tax Act, 1961 [Entire Act]
Section 10C in The Income Tax Act, 1961 [Entire Act]
Section 10A in The Income Tax Act, 1961 [Entire Act]
Section 10B in The Income Tax Act, 1961 [Entire Act]
Section 80IA in The Income Tax Act, 1961 [Entire Act]
Sri Dinakar Uillal vs Commissioner Of Income Tax on 24 February, 2010
In the case of Dinakar Ullal vs CIT 323 ITR 452(Karnataka),
the assesse e was a C ivil contr acto r and had f iled belate d re turn
declar ing income of Rs. 50,240/- and was claiming ref und of Rs.
2,14,505/- on account of tax deduc ted at so urce. The last date of
filing the re turn was 31.3.1997 but the retur n was filed late on
8 t h Se ptembe r 1997. The assessee sought condonatio n of delay by
an application filed on 21 s t Se pt, 1998 by invok ing sec tio n
119(2)(b) of the Act which was initially rejec ted. Howeve r, on a
writ petition the or de r for r ejection w as quashe d b y a single
judge and remitted the matter back for fre sh consideration. On
remand, the C ommissioner who was vested with the jur isdiction
under I nstruc tio n No.1 3 of 2006 in r espec t o f claim upto Rs. 10
lakhs accepted the cause show n for delay in f iling the re turn but
denie d intere st on ref und amount in view of the conditio n set o ut
in C ircular No . 670 dated 26 t h Oct 1993. Therefor e, question
before the C our t was whethe r these instructions were contrar y to
the provision of sec tio n 244A of the Ac t which pr ovided fo r
payment o f inte rest o n ref unds. This beco mes absol ute ly clear
from the question fr amed by Hon'ble Cour t which is co ntaine d at
placitum 6 and re ads as under:-