Law:

Section:

I. Section 237, read with sections 143(1) and 139, of the Income-tax Act, 1961 - Refund - General - Assessment year 1994-95 - Assessee had filed return of income for relevant assessment year declaring loss - In return of income assessee had not shown any tax collected and deducted at source nor any claim for refund was made - However, in statement of income and audited balance sheet annexed with return of income it was shown that assessee had received dividend from a company on which TDS had been deducted and same was refundable - Subsequently assessee wrote a letter to revenue authorities seeking refund of TDS amount - Revenue, however, rejected refund claim on ground that same had not been mentioned in return of income - Whether merely because assessee had not claimed refund in return form itself it could not be said that assessee was not entitled to refund - Held, yes - Whether since in accordance with section 139(9) assessee had annexed statement of total income, computation of tax payable on total income and attachment of original TDS certificate to return of income, it could be held assessee had made a claim for refund - Held, yes - Whether therefore, revenue was to be directed to process claim on merits for refund to assessee - Held, yes II. Section 34A, read with section 16 of the Wealth-tax Act, 1957 - Refunds - General - Assessment year 1999-2000 - Whether once order of intimation under section 16(1) has attained finality and has not been challenged or questioned in a revision, tax paid by assessee is not refundable - Held, yes FACTS-I The assessee-company had filed return of income for relevant year declaring loss. In return of income no claim for refund was made. However, in statement of assessable income and audit report assessee had mentioned regarding receiving dividend from a company on which TDS was deducted and such TDS amount was refundable. Later the assessee wrote a letter to Deputy Commissioner seeking refund of TDS amount. The revenue, however, rejected the claim on ground that the assessee had not claimed same in the original return and that the assessee should have filed revised return to claim the refund. On writ petition : HELD-I A…

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