2015 (9) TMI 1046

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.... the Respondents. 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 action of the respondent revenue in not entertaining the petitioner's application for refund of Tax deducted at source (TDS) by Reserve Bank of India (RBI) on the payment made to her in th....

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.... Direct Taxes (CBDT) issued a Circular clarifying that the employees of RBI who had opted for early retirement scheme during the year 200405 would be entitled for benefit of exemption under Section 10(10C) of the Act. In view of the above circular dated 8 May 2009 issued by the CBDT the petitioner filed a revised return of income on 30 September 2009 claiming benefit of exemption available to the ....

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....sessment year from which the application is made. In the affidavit in reply dated 9 December 2013 the Commissioner of Income Tax states that he is bound by the above instructions issued by the CBDT and consequently the claim for refund cannot be considered. 6) It is not disputed by the respondent revenue that on merits the petitioner is entitled to the benefit of refund of TDS as the payment re....

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....tioner 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 benefit of Section 10(10C) of the Act. Immediately after the issue of circ....