assessment
year. The form of claim for refund are prescribed by section 239 (1) of the Act.
Limitations for form of refund are prescribed ... section 239(2) of the act as per
which no claim of refund shall be allowed after one year from the last
justified in confirming disallowance of Rs. 33,90,712/- u/s 40A(3)
of I.T. The Act, 1961 .
(ii). That even otherwise, payment ... interest paid on borrowed funds to
extent of Rs. 2,02,14,239/- u/s 36(l)(iii), it is not open to issue
direction
issued by the Central Government under
Section 434 of the Companies Act, 2013 read with Section 239 of the
'Insolvency and Bankruptcy Code ... under sub-sections (1) and (2) of
Section 434 of the Companies Act, 2013 read with sub-section (1) of
Section 239
claim of the delayed refund is prescribed under the
provisions of section 239(1)(c) of the I.T. Act, 1961, whereby the appellant
ought ... refund, once it is not in accordance with the provisions of section 239(1)(c)
of the I.T. Act, 1961. Further the facts
relied on the following case laws:
1. [2013] 38 taxmann.com 239 Section 68 of the Income-tax Act, 1961 - Cash
(Allahabad)/218 taxman
both the counsels and
come to a conclusion that only under Section 240 of CrPC can a criminal
case be said to be pending. That ... also issued later. Summons is not an issue at all. Why Section 239 had been
placed before Section 240 is that, before taking cognizance
that the assessee had not filed the return within the
prescribed time u/s 139(1) of the Act. The Ld. AR drew our
attention ... also sought to distinguish between the
provisions of section 239 and 240 of the Act pertaining to refunds
and submitted that a refund which
penalty of Rs. 49,79,239/-, which in turn arises out of penalty order
passed by the Assessing Officer ... lower authorities action imposing the penalty in issue of Rs. 49,79,239/-,
Vadodara dated 21-07-2017, in proceedings under section 143(3)
of the Income Tax Act, 1961; in short "the Act".
2. The assessee ... facts
in confirming the disallowance of an amount of Rs. 1,55,239/- u/s. 14 A of the I.T. Act , being
Commissioner of Income Tax (Appeals)-VIII, Ahmedabad
dated 30.10.2014 under Section 254 of the Income Tax Act, 1961 (hereinafter
referred ... under Chapter VIA i.e. u/s. 80HHC Rs. 2,30,84,239/-, U/s. 80IA
Rs.94,61,615/- and
