2014 (2) TMI 132

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....to ORDER:- PC : Rule, returnable forthwith. By consent and at the request of the Counsel, the petition is taken up for final disposal. 2. This petition filed by a Senior Citizen challenges the order dated 4 February 2013 of the respondent revenue in dismissing the application for condonation of delay under Secrtion119(2)(b) of the Income Tax Act, 1961 ("the Act") for claiming refund of....

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....ng the year 2004-05 would be entitled for benefit of exemption under section 10(10C) of the Act. The Supreme Court also in Chandra Ranganathan and ors. vs. Commissioner of Income Tax 326 ITR 49 held that the amounts received by retiring employees of Reserve Bank of India opting for the scheme are eligible for exemption under section 10(10C) of the Act. In view of the above the petitioner filed a r....

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....efund cannot be entertained if the same is filed beyond the period of 6 years from the end of the assessment year from which the application is made. In the affidavit in reply dated 19 November 2013 the Commissioner of Income Tax states that he bound by the above instructions issued by the CBDT and consquently the claim for refund cannot be considered. 6. It is not disputed by the respondent re....

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....e noted that the respondent revenue does not dispute the claim of the petitioner for refund on merits but the same is being denied only on hyper technical view of limitation. It will be noted that on 8 May 2009 the CBDT issued a circular clarifying and reviewing its earlier decision to declare that the employees of RBI who opted for early retirement scheme under the Scheme will be entitled to the ....