9911796707
TMI Blog1935 (7) TMI 25X X X X Extracts X X X X X X X X Extracts X X X X ..... l income of the assessee is made more than a year after the last day of the year in which the tax on the profits of a company was recovered, and after the last day of the financial year commencing after the expiry of the previous year as defined in Clause 11, Section 2, in which the income arose on which the tax was recovered, does Section 60, Income Tax Act, 1922, preclude a claim for a refund of income tax under Section 48(1) if made after the expiration of the period mentioned in Section 50 when it is preferred before the assessment upon the total income of the assessee was made?" The material facts are few and not in dispute. For the year of assessment, 1932-33, the Income Tax Officer found that the net loss suffered by the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1) at a lower rate than that at which the dividends were chargeable at source in the hands of the company and the assessee contends that in fact the Crown has obtained income-tax upon the assessee's dividends at a rate higher than that to which the Crown was entitled, thereby diminishing the amount of the dividends received by the assessee. The first answer to the case presented on behalf of the assessee is that Section 66(3) Income Tax Act, is controlled by Section 66 (2); and under Section 66(2) an assessee is not entitled to require the Commissioner to a state a question of law arising out of an order under Section 48. Section 60(3) therefore does not entitle the assessee to apply to the Court to require the Commissioner to state a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allow a claim to a refund under Section 48 or 48-A or Section 49 or to the amount of the refund made in any such case, may appeal to the Assistant Commissioner. (2) The appeal shall be presented within thirty days of the date on which the refusal of the refund or the amount of the refund allowed was communicated to the appellant. (3) The appeal shall be made in the prescribed from and shall be verified in the prescribed manner. (4) The Assistant Commissioner may, after giving the appellant an opportunity of being heard, pass such orders as he thinks fit." Now, it is common ground that the application for a refund in the present case was made on 12th June, 1933, and that at that date the application was time-barred under Section 50. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n respect of United Kingdom income tax under Section 49, is permitted ; but although it is clear that the legislature had both Sections 48 and 49 in mind when Section 50 was enacted it deliberately refrained from permitting any extension of the time within which the application for a refund should be made in respect of a claim under Section 48. In my opinion upon that ground also the present application must fail. The learned Government Advocate also contended that in any event the present application must fail both because it does not fall within Section 66(3) and because a specific and adequate remedy was available to the assessee under Section 50-A, and for that reason he was precluded from taking advantage of Section 45, Specific Relie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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