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HC held that the refund claim's date of origin, not the formal application date, determines delay calculation. The court emphasized that when a refund request is made within an Income Tax Return, that date becomes the reference point for assessing delay and potential condonation. The delay from 1.4.2012 to 13.7.2012 (104 days) was considered. While the refund might be granted, no interest would be payable under section 244A due to the petitioner's eight-year delay. However, if the refund is not processed within six weeks of eligibility determination, interest would become applicable.
HC held that the refund claim's date of origin, not the formal application date, determines delay calculation. The court emphasized that when a refund request is made within an Income Tax Return, that date becomes the reference point for assessing delay and potential condonation. The delay from 1.4.2012 to 13.7.2012 (104 days) was considered. While the refund might be granted, no interest would be payable under section 244A due to the petitioner's eight-year delay. However, if the refund is not processed within six weeks of eligibility determination, interest would become applicable.
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