If refund is legitimately due to assessee, mere delay should not defeat claim for refund

RELEVANT PARAGRAPH 15. The phrase “genuine hardship” used in Section 119(2) (b) should have been construed liberally even when the petitioner has complied with all the conditions mentioned in Circular dated 12 the October,1993. The Legislature has conferred the power to condone delay to enable the authorities to do substantive justice to the parties by disposing of the matters on merit. The expression “genuine ” has received a liberal meaning in view of the law laid down by the Apex Court referred to herein above and while considering this aspect, the authorities are ex...