CBDT Circular Cannot Override Statutory Provisions by Prescribing Limitation Period Absent in Income Tax Act

Sun Pharmaceutical Industries Ltd. Vs ITO & Anr. (Delhi High Court) Delhi High Court held that CBDT Circular No. 07/2007 dated 23.10.2007 imposing period of limitation of 2 years for application for excess tax deposit is not sustainable since CBDT Circulars cannot curtail the statutory provisions by prescribing limitation periods in the event that none is prescribed in the Act. Facts- The writ petitioner impugns the order dated 27 March 2018 in terms of which the respondent has come to reject applications filed by it seeking refund of excess tax wrongly deducted and deposited u/s. 195 of t...