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TMI Blog2023 (8) TMI 1083X X X X Extracts X X X X X X X X Extracts X X X X ..... artment Mr. Alok Shahi, Advocate JUDGMENT ( Per : HONOURABLE THE CHIEF JUSTICE ) 1. Whether the amendments made to the Income Tax Act, 1961 and the circular issued regulating the period in which a Refund Application is to be filed would result in the frustration of the claim of refund made by the assessee, is the question raised in the writ petition. 2. The assessee, the petitioner herein, is concerned with the demand made for various years and the refund for the Assessment Year 2010-11 relatable to the Financial Year 2009- 10. 3. Shri Ajay Kumar Rastogi, learned Senior Counsel specifically referred to Section 200A of the Income Tax Act which was brought into the statute as on 01.04.2010; which provided a specific period for process ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . v. State of Kerala; (1966) 60 ITR 262 (SC) to urge that any amendment brought out to the Income Tax Act as on the 1st of April of a financial year would apply to the assessments for that year and any amendment brought in after the first day of April would not apply to the assessment carried out in that year, even if the assessment is made after the amendment came into force. Hence, the amendment made on the first day of April of any financial year applies to the assessment of the prior financial year also, which would be carried out in the financial year in which the amendment is enforced as on 1st of April. Kerala Financial Corporation & Others v. CIT; (1994) 210 ITR 129 (SC) is relied on to contend that a circular issued under Section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicability of Section 200A need not be dealt with at all; for it being irrelevant to decide the issue. Section 200A speaks of processing of statements of tax deducted at source. It delineates the process by which the statement of tax deducted at source, filed under Section 200A, has to be processed and speaks of an intimation to be sent to the deductor as per clause (e). Clause (f) of Section 200A (1) also mandates that the amount of refund to the deductor in pursuance of such determination under clause (d), shall be granted to the deductor. It is the proviso which mandates the intimation to be sent within one year from the end of the financial year in which the statement is filed. In fact, this is the limitation on the department's rig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Board which as has been declared in the cited decisions is not binding on this Court or even the assessee. There can be no prescription of a limitation period in the circular, which is not available in the statute or the rules framed thereunder. 9. In the totality of the circumstances, we are of the opinion that the entire problem could be resolved if the department avails of the provision under Section 245 of the Income Tax Act. Having found that there is no limitation for making a claim of refund; even now the assessee could make an application and when the refund is processed there can be a set off made of the amounts remaining due from the assessee for the various assessment years, from the amounts directed to be refunded. On the above ..... X X X X Extracts X X X X X X X X Extracts X X X X
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