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2011 (9) TMI 206 - KARNATAKA HIGH COURTRevision of an order u/s 263 - Whether the order passed by the Assessing Authority giving credit to the amount paid by way of tax deducted at source and consequently directing refund when the assessee has not claimed the said amount in the returns filed under the purported exercise of power under Section 154 of the Act is valid? - Held that:- there is no scope for assessee to file an application seeking for refund of amount which he has not claimed in the original return. However, the Parliament taking note of the hardship that is being faced by the assessee in cases of deduction made in accordance with the provisions of Sections 192 to 194 and other provisions of the Act, where certificates under Section 203 are not furnished to them - In a result, credit is not given for the tax so deducted, introduced new sub-section 14 of Section 155 to provide relief to such persons. In the instant case the period of assessment is 1999-2000. - the assessee did not claim credit for a sum of Rs. 19,44,672-00 as he was not in possession of the TDS certificate. - an application is filed under Section 154 of the Act enclosing the TDS certificate numbering 72, claiming credit for a sum of Rs. 19,44,672-00 and seek refund of the said amount. The Assessing Authority in purported exercise of his power under Section 154 of the Act, accepted the said claim, amended the order of assessment dated 14.11.2000 and directed refund of the said amount by his order dated 12.06.2001. Held that:- The order of AO was not erroneous - The said amount was not a lawful amount to the Government. It was an amount which should have been refunded to the assessee. - revision by the CIT is without jurisdiction.
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