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TMI Blog2024 (7) TMI 403X X X X Extracts X X X X X X X X Extracts X X X X ..... sment order framed u/s 251/154/147/143(3) of the Act dated 31.01.2018. 2. The brief facts of the case of the appellant are that the assessee filed its income tax return for the year under consideration on 18.12.2015 declaring total taxable income of Rs. 1,17,37,470/-. Various additions were made to the returned income and the income was assessed at Rs. 8,12,39,90,360/-. The assessee filed an appeal before the ld. CIT(A) wherein the ld. CIT(A) allowed the relief of Rs. 8,11,22,52,886/- thereby assessed income was reduced to Rs. 1,17,37,470/-. An order u/s 251/154/147/143(3) of the Act has been passed by the ACIT, Circle-8(2), Kolkata on 31.01.2018 determining the refund of the assessee at the rate of Rs. 27,04,767/-. While passing the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d income and the income was assessed at Rs. 8,12,39,90,360/-. c) Assessee filed an appeal wherein his appeal was allowed by giving a relief by determining the refund of the assessee at the rate of Rs. 27,04,767/-. 5.1. It admits of no doubt that while passing the order ld. AO has denied the claim of the refund of the assessee by invoking the provisions of Section 239(2)(c) of the Act in which time has been prescribed for one year. The only contention of the ld. Counsel for the assessee is that his case is covered u/s 240 of the Act as refund is made consequent to the order passed in appeal. There is no denying to this fact as an order u/s 251/154/147/143(3) of the Act has been passed by ACIT, Circle-8(2), Kolkata determining the refund o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal or other proceedings under this Act, where the 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 as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing, we have no hesitation in rejecting the Revenue's appeal thereby confirming the order of the Income Tax Appellate Tribunal. Accordingly, the Tax Case Appeal stands dismissed. No costs." 5.2. On perusal of the above judgement of the Madras High Court it is evident that provisions of Section 239 of the Act are applicable to an assessee claiming the refund by self-assessment whereas the cases where the refund is computed in pursuance of an order in appeal for other proceedings under the Act are covered by the provisions of Section 240 of the Act. Section 240 of the Act deals thus: "Whereas, as a result of any order passed in appeal or other proceedings under this Act, refund of any amount becomes due to the assessee (assessing) offi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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