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    <title>2001 (1) TMI 10 - GUJARAT High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=12780</link>
    <description>The dominant issue was whether refusal to condone delay in a refund claim under s. 237, despite satisfaction of CBDT Circular F. No. 225/208/93-ITA-II, was lawful under s. 119(2)(b) of the Income-tax Act. The HC held that &quot;genuine hardship&quot; in s. 119(2)(b) must be construed liberally and, where the circular&#039;s conditions were undisputedly met and the delay was satisfactorily explained, the authority ought to admit the claim and examine it on merits rather than reject it on a technical ground. Consequently, the CBDT order rejecting condonation/refund was quashed; however, no mandamus for immediate refund was issued since the claim had not been adjudicated on merits, and the claimant waived interest.</description>
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    <pubDate>Wed, 10 Jan 2001 00:00:00 +0530</pubDate>
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      <title>2001 (1) TMI 10 - GUJARAT High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=12780</link>
      <description>The dominant issue was whether refusal to condone delay in a refund claim under s. 237, despite satisfaction of CBDT Circular F. No. 225/208/93-ITA-II, was lawful under s. 119(2)(b) of the Income-tax Act. The HC held that &quot;genuine hardship&quot; in s. 119(2)(b) must be construed liberally and, where the circular&#039;s conditions were undisputedly met and the delay was satisfactorily explained, the authority ought to admit the claim and examine it on merits rather than reject it on a technical ground. Consequently, the CBDT order rejecting condonation/refund was quashed; however, no mandamus for immediate refund was issued since the claim had not been adjudicated on merits, and the claimant waived interest.</description>
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      <pubDate>Wed, 10 Jan 2001 00:00:00 +0530</pubDate>
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