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TMI Blog2012 (11) TMI 672X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer itself consequent on the order passed on appeal or other proceedings under the Act. Barring these two provisions, there is no other provision, which speaks on refund to the assessee consequent on the assessment. Even in the absence of any such specific provision placing responsibility on the assessee/an Officer to seek or grant refund, Section 243 of the Act contemplates grant of interest in cases, where the assessee is entitled to refund even without making an application in contract to cases where on application, refund to be granted would carry no interest. Thus, on a return filed, where there is determination of income under the Act and the assessment order relates to refund to be granted to the assessee as per Section 24 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expired. One can only view this order as the order passed under Section 143(3) read with 147 of the Act as had been read in the order of the Commissioner of Income Tax (Appeals). The assessee claimed refund of Rs.4,03,675/-. However, the Assessing Authority rejected the claim based on Section 239(2)(c), wherein, the time limit for claim of refund is given as one year from the last day of relevant assessment year and since return was filed on 29.03.1996 i.e., after one year from the end of the assessment year, the claim was to be ignored. 3. The assessee filed appeal before the Commissioner of Income Tax (Appeals) on grounds of the quantum alone determined as income. The first Appellate Authority rejected the appeal. Aggrieved by the dismi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t period. The refund claim and limitation is considered under Section 239 of the Act. 6. A reading of the Section shows that the refund claim that falls for consideration under Section 239 of the Act appears to be with reference to a self-assessment on a return, which results in a refund on the tax paid. The emphasis in the Section is that " the claim made is in respect of income, which is assessable for any assessment year". In contrast to this, Section 243 of the Act speaks of interest on the late refund. For the purpose of consideration, Section 243(1)(a) and (b) needs to be noted, which read as under:- Interest on delayed refunds. 243(1) If the Assessing Officer does not grant the refund- (a) in any case where the total incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee need not make any such claim, but the Officer has to refund the amount even without an application from the assessee. Thus, on a reading of Sections 239, 240 and 243 of the Act, one will know that while Section 239 covers cases of the assessee on self-assessment making a claim for refund within the time limit specified therein, Section 240 provides for refund which is contemplated under the Act without even an application from the assessee, but must emanate from the Officer itself consequent on the order passed on appeal or other proceedings under the Act. 8. Barring these two provisions, there is no other provision, which speaks on refund to the assessee consequent on the assessment. Even in the absence of any such specific ..... X X X X Extracts X X X X X X X X Extracts X X X X
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