Law:

Section:

Section 237 of the Income-tax Act, 1961 - Advance tax - Refund where assessment is time barred - Whether until there is final determination of tax under section 143 or 144, revenue has no right to collect tax or retain it if it has already been collected by way of advance tax or self-assessment tax, as such collection and retention would be contrary to requirement of article 265 of constitution - Held, yes - Whether, therefore, where assessment has become time barred, advance tax collected from assessee under section 210 has to be refunded to him even though no prescribed application is made in this regard - Held, yes Section 214, read with section 243, of the Income-tax Act, 1961 - Advance tax - Interest payable by government - Whether where advance tax paid by assessee has to be refunded because of his assessment having become time barred, interest would be payable on refund under section 214 and not under section 243 - Held, yes Section 239(2)(c) - Refund - Limitation for making claim - There under section 239(2) (c) claim for refund has to be made within time prescribed which tallies with time prescribed under section 1 53 by way of limitation for passing an assessment order - Held, yes Facts The assessee deposited advance tax on 20-3-1971 in compliance with order passed under section 210 for the assessment year 1971-72. The assessee filed the first return on 1-10-1971 showing an income of Rs. 39,469 and a revised return on 27-11-1973 showing an income of only Rs. 6,130. No assessment order was passed on the assessee's return and the assessment became time barred. Later, the assessee filed a claim on 28-4-1975 for the refund of the advance tax paid by it. The revenue took the stand that the impugned advance tax could not be refunded as it was paid on the basis of the income returned originally and the revised return could not be filed in view of section 139(4). On writ, the assessee claimed refund of advance tax with interest up to the date of refund on the ground that the amount was retained by the department without any authority of law: Held Article 265 of the Constitution provides that no tax shall be levied or collected except by authority of law.…

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