2011 (11) TMI 103

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.... days only in filing such return income, which was due to be filed on or before 31.03.1996, under Section 139 (4) of the Act, but the same was filed on 04.04.1996. 2. Learned Chief Commissioner of the Income Tax, Udaipur, vide order Annex-4 dated 14.11.2005 condoning the said delay of four days, in his power delegated upon it under Section 119 (2) (b) of the Act, condoned the said delay, and directed the Assessing Authority to admit the claim of refund of Rs.19,083/- after due verification of TDS certificates and evidence of other tax payments, if any. However, the said authority, Chief Commissioner of Income Tax, added the impugned part in the said order that "no interest will be paid on the belated refund". 3. Being aggrieved by the....

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....fund of any amount becomes due to the assessee under this Act, he shall, subject to the provisions of this section, be entitled to receive, in addition to the said amount, simple interest thereon calculated in the following manner, namely: - (a) where the refund is out of any tax paid under Section 115WJ or collected at source under section 206C or paid by way of advance tax or treated as paid under Section 199, during the financial year immediately preceding the assessment year, such interest shall be calculated at the rate of on half per cent for every month or part of a month comprised in the period from the 1st day of April of the assessment year to the date on which the refund is granted." 5. On the other hand, learned counsel fo....