application filed under Section 237 of the Act, stated that as per the provisions of
section 239 , claim for refund can only be made ... that Section 237 is a charging section which provides substantive right to taxpayer to
claim refund under the Income Tax Act . Section 239 , being
appellant under section 240
of Act. The appellant submitted that Section 240 carves out an
exception to section 239 and as per section ... u/s. 154 of the Act, sought rectification
of the assessment order 26.02.2018 passed u/s. 147read with
ITA No. 6674/Del/2019 7
section
originally filed.
2. That the claim of refund is governed by Section 239 of the Income Tax Act,
1961 which provides as :-
239 (1) Every ... contentions of the Ld. AR that
as to the requirement of Section 239 as spelt out by the Assessing Officer, the
same would arise
Section 148 , the proceedings are for safe guarding of the interest of revenue
and not for issue of refund. Further as per Section 239 ... paid to the Tax Authorities. The Ld. AR further submitted that Section
239(c) of the Income Tax Act, 1961 is not at all applicable
application dated 25.08.2009 made u/s 154 would have resulted
into refund which is prohibited by the provisions of section 239 ... issue. If
this application u/s 154 is found in order then the provisions of section 239(2)(c)
shall not be applicable. Therefore
Cairn Uk Holding Ltd., Ahmedabad vs Dcit (International Taxation), New ... on 9 March, 2017
Page
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
contended that the assessee's claim had been made under Section 239(2)(c) of the IT Act, 1961. If the return filed under ... made such a return to the Assessing Officer". As per Section 239(2)(c) as it existed on 1-4-1990 the claim
Assessing Officer by making a
disallowance of Rs.3,55,92,239/- u/s 36(1)(viia) of the Act. Further disallowance ... 239/-.
During the course of assessment proceedings the Assessing Officer noted that
assessee has claimed deduction on provision for bad and doubtful debts under
Section
another u/s
143(3) read with Section 147 , there was no occasion available to A.O. to
again make assessment u/s 153A especially ... that assessment was
already completed u/s 143(3) and then again u/s 143(3) read with Section
147 and during these assessments
