Law:

Section:

Section 50* of the Indian Income-tax Act, 1922, read with sections 12 and 13, of the Business Profit Tax Act, 1947 and rule 4A of the Business Profit Tax Rules, 1947 - Refunds - Limitation - Whether question of limitation is a mandate to forum and irrespective of fact whether it was raised or not, forum must consider and apply it if there is no dispute on fact - Held, yes - Subsequent to decision of High Court quashing regular assessment of assessee in respect of chargeable accounting period on ground of limitation, assessee claimed refund of tax paid under provisional assessment order - Assessing Officer rejected claim which was also upheld by Commissioner (Appeals) and Tribunal - On writ, High Court, however, allowed refund - Whether High Court was required to apply provision of section 50 as modified by rule 4A at time of considering relief which was to be granted in writ petition - Held, yes - Whether Assuming that there was a right in assessee to reclaim that money, such a right ought to have been exercised within a period of three years under residuary article 137 of Limitation Act, after which even such a right must be held to be barred - Held, yes - Whether since claim was barred by time, writ petition could not have been allowed nor could any relief be granted - Held, yes FACTS The assessee filed the returns in respect of chargeable accounting periods on 31-3-1949. The Assessing Officer completed provisional assessment under section 13 of the Business Profit Tax Act, on different dates. On 30-12-1969, the regular assessments under section 12 were also completed in respect of the said accounting periods. Thereafter, the assessee filed appeals before the Tribunal impugning the regular assessment orders on various grounds including the ground that the regular assess- ment orders were barred by time. The Tribunal accepting the said contention quashed the regular assessment order. On reference, the High Court also upheld the decision of the Tribunal. In 1978, the assessee claimed refund of the tax paid by it under the provisional assessment orders. The Assessing Officer rejected the claim on the ground that there was no question of merger of the provisional…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492