Law: Income Tax Act, 1961

Section: 119,237

Income-tax---Central Board of Revenue---Refund---Powers of CBDT---Scope of S.119(2)(b)---CBDT has power to admit applications or claim for any exemption, deduction, refund or any other relief after prescribed period---Power must be exercised judiciously to relieve genuine hardship---Rejection of application for refund after prescribed period without giving reasons---Not justified---Matter remanded to CBDT--­Indian Income Tax Act, 1961, Ss. 119 & 237---Constitution of India, Art. 226. Section 119(2)(b) of the Income Tax Act, 1961, vests power it the Board to admit an application or claim for any exemption, deduction­ refund or any other relief under the said Act after the period specifies under the said Act for such application or claim, if it is considered by the, Board to be desirable or expedient so to do for avoiding genuine hardship in any case or class of cases. It is well-settled that vesting of power in an authority results in the imposition of duties on that authority to exercise that power in a manner which ,is consistent with the requirements and advances the purpose of the provision under which the power is rested. Such power is required to be exercised consistent with the principles of natural justice, unless such principles are excludible it law, having regard to the context in which the power is exercised. A person, who invokes the jurisdiction which is available to the authority and which jurisdiction is to be exercised for the purpose of relieving a person who has genuine hardship according to his plea, is entitled to the consideration of his claim in a manner which can be regarded as lawful. The assessee had omitted to file all the tax deduction certificates alongwith the return for the assessment year 1-985-86. The certificate that should have been enclosed was for Rs.379, while the tax deducted at source amount was Rs.36,579. The assessee filed an appeal against the order of the Assessing Officer in respect of other matters and after the disposal of that appeal, had approached the Commissioner to revise the order of the Assessing Officer so as to take into account the T.D.S, certificates produced by the assessee before the Commissioner.…

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