G.V. Infosutions (P.) Ltd. v. v. Dy. CIT (2019) 261 Taxman 482 / 178 DTR 133/ 309 CTR 185(Delhi)(HC)

S. 239 : Refund–Limitation–Due to inadvertent mistake of Chartered Accountant claim refund of TDS was not made with in limitation period- Delay was condoned–AO is directed to verify the claim and grant refund.[S. 119(2)(b)]

In return of income due to inadvertent mistake of  Chartered Accountant the claim  for refund of TDS was not made . The assessee  filed application for refund of TDS amount after period of seeking refund had expired and also applied to Chief Commissioner under section 119(2)(b) for condonation of delay in filing refund application. Chief Commissioner rejected application on ground that plea of omission by auditor was not substantiated. Allowing the  petition  the Court held that  the assessee had shown bona fide reasons why refund claim could not be made in time. Accordingly application for condonation of delay  was condoned and  AO is  directed to verify the claim and grant refund.  (AY. 2013-14)