No assert is always to be acknowledged over and above a duration of six many years in the close in the pertinent evaluation calendar year from which the declare is to be created. The Circular lays down the courses of authorities entitled to entertain delayed returns proclaiming refunds/losses. –xx–
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The rate of desire is usually to be similar to the speed on the frequent desire charged as per the provisions in the Act.(Sandvik Asia Ltd. vs. CIT ). On the other hand, an entire Bench from the Supreme Court has held that beneath the new Part 244A of your Act, only statutory desire is leviable, as well as ruling in Sandvik Asia should be to be construed as only granting payment for delay in granting desire on refund. Sandivk Asia So stands overruled. The details in Sandvik Asia case for one of the several years(AY 1977-1978) have been as follows:
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an evaluation is put aside or cancelled and an get of fresh new evaluation is directed to get produced, the refund, if any, shall come to be because of only to the building of these types of refreshing evaluation.
(v) Concurrently, the refund thanks will not be right away granted on account of varied other components including withholding of refund beneath Portion 241A, or non-expiry of enough time-limit for revision from the refund get which is prejudicial for the Earnings less than Segment 263.
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