CHAPTER XIX
REFUNDS
If any person satisfies the
2[J2] [Assessing] Officer that the amount of tax paid by him or
on his behalf or treated as paid by him or on his behalf for any assessment
year exceeds the amount with which he is properly chargeable under this Act for
that year, he shall be entitled to a refund of the excess.
DEPARTMENTAL
VIEW
1. Concerned Commissioner of Income-tax can authorise refund of surcharge in cases of non-resident
taxpayers who made such payment of surcharge or out of whose income surcharge
has been deducted at source under the provisions of Finance (Amendment)
Ordinance, 1987. Any demand outstanding against the concerned assessee may
however be adjusted before allowing the refund. [Circular No. 513, dated
27th May, 1988]
2. No court fee is required to be affixed while returning
refund vouchers to the Commissioners of Income-tax for their cancellation and
issue of fresh vouchers. [Letter No. 91/31/64, dated 9th June, 1964]
238. Person entitled to claim refund in certain special cases1[J3] :-
(1) Where the income of one person is
included under any provision of this Act in the total income of any other
person, the latter alone shall be entitled to a refund under this Chapter in
respect of such income.
2[J4] [(1A) Where the value of fringe benefits provided or deemed
to have been provided by one employer is included under any provisions of
Chapter XII-H in the value of fringe benefits provided or deemed to have been
provided by any other employer, the latter alone shall be entitled to a refund under this Chapter in respect of such fringe
benefits.]
(2) Where through death, incapacity,
insolvency, liquidation or other cause, a person is unable to claim or receive
any refund due to him, his legal representative or the trustee or guardian or
receiver, as the case may be, shall be entitled to claim or receive such refund
for the benefit of such person or his estate.
239. Form of claim for refund and limitation1[J5] :-
2[J6] (1) every claim for
refund under this Chapter shall be made in the prescribed form and verified in
the prescribed manner.
3[J7] [(2) No
such claim shall be allowed, unless it is made within the period specified
hereunder, namely:
(a) Where the claim is
in respect of income which is assessable for any assessment year commencing on
or before the 1st day of April, 1967, four years from the last day of such
assessment year;
(b) Where the claim is
in respect of income which is assessable for the assessment year commencing on
the first day of April, 1968, three years from the last day of the assessment
year;
(c) Where the claim is
in respect of income which is assessable for any other assessment year, 4[J8] [one year] from the last day of such assessment year;]
5[J9] [(d) Where
the claim is in respect of fringe benefits which are assessable for any
assessment year commencing on or after the first day of April, 2006, one year
from the last day of such assessment year.]
DEPARTMENTAL
VIEW
1. In cases where non-resident employees are deputed to work
in India and the taxes are borne by the employers, but the employee has left
India, in so far as the payment of refund which has already become due is
concerned, there may be no objection to giving the refund to the employer if
the non-resident assessee duly gives an authorisation
in this regard. In other cases, any person from or through whom
the non-resident is in receipt of any income, whether directly or indirectly,
can be regarded as an agent in relation to the non-resident. Accordingly, the
company itself can file the return and can be assessed in its own name in
respect of that income under section 161(1) and claim the refund. [Circular
No. 707, dated 11-7-1995]
2. In all cases where an otherwise valid refund claim under
section 237 is filed by an assessee after the expiry of the statutory time
limit prescribed under section 239, the Assessing Officer, having jurisdiction
over the case, may admit the said refund claim and dispose of the same on
merits and in accordance with law provided the following conditions are
satisfied:
(i) The
refund arises as a result of excess tax deducted at source, collected at source
and payments of advance tax under the provisions of Chapters XVIIB, XVIIBB and
XVIIC respectively and the amount of refund does not exceed Rs.
1 lakh for any assessment year;
(ii) The returned income
is not a loss where the assessee claims the benefit of carry forward of the
loss;
(iii) The refund claimed is
not supplementary in nature i.e., claim for additional amount of refund
after the completion of the original assessment for the same assessment year;
and
(iv) The income of the assessee is not assessable in the hands of
any other person under any of the provisions of the Act.
This order is effective
from 1-11-1993, and will apply to all claims of refund pending as on that date
and also in respect of all refund claims filed on or after that date. [Order
F. No. 225/208/93-IT (A-II), dated 12th October, 1993]
The Board have also decided that in such cases:
(i) where
the refund does not exceed Rs. 10,000 for any
assessment year, the Assessing Officer shall obtain the prior approval of the
Commissioner before entertaining a belated refund claim; and
(ii) where the refund
exceeds Rs. 10,000 but does not exceed Rs. 1,00,000 for any assessment year, the Assessing Officer
shall obtain the prior approval of the Chief Commissioner or Director-General
before entertaining a belated refund claim.
Where
the Chief Commissioner/Director-General/Commissioner of Income-tax finds that
the four conditions laid down in the order above are satisfied but still it is
not a case of 'genuine hardship', he should refer the belated refund
application to the Board for final decision. [Circular No. 670, dated 26th
October, 1993]
The
delay in making refund claim as well as claim of carry forward of losses, both,
can be condoned in cases where returned income is a loss, provided other
conditions are satisfied. The monetary limits prescribed for condonation of delay in making refund claims, by different
income-tax authorities, will apply to condonation of
delay in cases of claim of carry forward of losses as well. [Circular
No. 8/2001, dated 16-5-2001]
It
is also clarified that paras 2, 3 and 4 of
Instruction No. 1867, dated 30-11-1990 shall continue to be applicable. The
Chief Commissioner/Director General/ Commissioner of Income-tax/Director of
Income-tax should not only see that the conditions laid down by the various
circulars of the Board are satisfied, but should also look further into the
facts of the case and examine other aspects such as the source of income,
whether the income returned is reasonable, considering the extent of profits
disclosed, whether books of account had been maintained and whether there was
any manipulation of accounts in the course of the delayed filing of the claim
of refund, etc. for deciding the genuineness of the claims. [Instruction No.
1867, dated 30th November, 1990]
Where, as a result of any
order passed in appeal or other proceeding under this Act, refund of any amount
becomes due to the assessee, the 1[J10] [Assessing]
Officer shall, except as otherwise provided in this Act, refund the amount to
the assessee without his having to make any claim in that behalf:
2[J11] [Provided
that where, by the order aforesaid,
(a) An assessment is set
aside or cancelled and an order of fresh assessment is directed to be made, the
refund, if any, shall become due only on the making of such fresh assessment;
(b) The assessment is annulled, the refund shall become due only of the amount, if
any, of the tax paid in excess of the tax chargeable on the total income
returned by the assessee.]
SUPREME
COURT RULINGS
1. Failure or inability to frame another assessment after the
earlier assessment is set aside or nullified in appropriate proceedings does
not entitle the assessee to claim refund of advance tax and tax paid on
self-assessment, because to that extent the assessee has admitted his liability
to pay tax in accordance with the law. If the assessing authority, on an
earlier assessment made being set aside or nullified in appropriate
proceedings, cannot make a fresh assessment, it amounts to deemed acceptance of
the return of income furnished by the assessee. The assessing authority is denuded
of its authority to verify the correctness and completeness of the return,
which authority it has while framing a regular assessment. Accepting the income
as disclosed in the return furnished by the assessee, it must refund to the
assessee any tax paid by the assessee in excess of the liability incurred by
him on the basis of the income disclosed. Even if the tax paid is found to be
less than that payable, no further demand can be made for recovery of the
balance since the fresh assessment is barred. However, in a case where the
assessee chooses to deposit, by way of abundant caution, advance tax or tax on
self assessment which is in excess of his liability on the basis of the return
furnished or, if there is an arithmetical error or inaccuracy, it is open to
the assessee to claim refund of the excess tax paid in the course of the
assessment proceedings. [CIT v Shelly Products (2003) 261 ITR 367
(SC)]
1[J12] [241. Power to withhold refund in certain
cases:-
Omitted
by the Finance Act, 2001, w.e.f. 1-6-2001.]
242. Correctness of assessment not to be questioned:-
In a claim under this
Chapter, it shall not be open to the assessee to question the correctness of
any assessment or other matter decided which has become final and conclusive or
ask for a review of the same, and the assessee shall not be entitled to any
relief on such claim except refund of tax wrongly paid or paid in excess.
1[J13] 243. Interest on delayed refunds:-
2[J14] [(1) If the 3[J15] [Assessing]
Officer does not grant the refund,
(a)
In any case where the total income of the assessee does not consist solely of
income from interest on securities or dividends, within three months from the
end of the month in which the total income is determined under this Act, and
(b)
In any other case, within three months from the end of the month in which the
claim for refund is made under this Chapter, the Central Government shall pay
the assessee simple interest at 4[J16] [fifteen] per
cent per annum on the amount directed to be refunded from the date immediately
following the expiry of the period of three months aforesaid to the date of the
order granting the refund.
Explanation.If the delay in
granting the refund within the period of three months aforesaid is attributable
to the assessee, whether wholly or in part, the period of the delay
attributable to him shall be excluded from the period for which interest is
payable.]
(2) Where any question arises as to the
period to be excluded for the purposes of calculation of interest under the provisions
of this section, such question shall be determined by the 5[J17] [Chief
Commissioner or Commissioner] whose decision shall be final.
6[J18] [(3) The provisions of this section shall
not apply in respect of any assessment for the assessment year commencing on
the 1st day of April, 1989 or any subsequent assessment years.]
DEPARTMENTAL
VIEW
1. The view taken by some Income-tax Officers that the date of
the assessment order is to be taken as the date of the order granting the
refund is not correct. In cases where interest is payable by the Government to
assessees under section 243 such interest is to be calculated up to the date of
issue of the refund voucher. [Circular No. 20D, dated 20th August, 1968]
1[J19] 244. Interest on refund where no claim is
needed:-
(1)
Where a refund is due to the
assessee in pursuance of an order referred to in section 240 and the 2[J20] [Assessing]
Officer does not grant the refund within a period of 3[J21] [three months
from the end of the month in which such order is passed], the Central
Government shall pay to the assessee simple interest at 4[J22] [fifteen] per
cent per annum on the amount of refund due from the date immediately following
the expiry of the period of 5[J23] [three] months
aforesaid to the date on which the refund is granted.
6[J24] [(1A) 7[J25] Where the whole
or any part of the refund referred to in sub-section (1) is due to the
assessee, as a result of any amount having been paid by him after the 31st day
of March, 1975, in pursuance of any order of assessment or penalty and such
amount or any part thereof having been found in appeal or other proceeding
under this Act to be in excess of the amount which such assessee is liable to
pay as tax or penalty, as the case may be, under this Act, the Central
Government shall pay to such assessee simple interest at the rate specified in
sub-section (1) on the amount so found to be in excess from the date on which
such amount was paid to the date on which the refund is granted:
Provided that, where the amount so found to be in excess was paid
in instalments, such interest shall be payable on the
amount of each such instalment or any part of such instalment, which was in excess, from the date on which
such instalment was paid to the date on which the
refund is granted:
Provided further that no interest under this sub-section shall be
payable for a period of one month from the date of the passing of the order in
appeal or other proceeding:
Provided also that where any interest is payable to an assessee
under this sub-section, no interest under sub-section (1) shall be payable to
him in respect of the amount so found to be in excess.]
(2)
Where a refund is withheld under
the provisions of section 241, the Central Government shall pay interest at the
aforesaid rate on the amount of refund ultimately determined to be due as a
result of the appeal or further proceeding for the period commencing after the
expiry of 8[J26] [three months
from the end of the month in which the order referred to in section 241 is
passed] to the date the refund is granted.
9[J27] [(3) The provisions of this section shall
not apply in respect of any assessment for the assessment year commencing on
the 1st day of April, 1989, or any subsequent assessment years.]
DEPARTMENTAL
VIEW/SUPREME COURT RULING
1. Where the refund is granted within one month of the date of
the order giving rise to the refund, interest will be payable from the date of
payment to the date of such order and where the refund is delayed for more than
a month from the date of the order giving rise to the refund, interest will be
payable for the period from the date of the payment to the date of granting the
refund.
Where the amount of penalty
or tax has been paid in instalments interest will be
calculated on the amount of each such instalment or
any part thereof which is found to be in excess in appeal or other proceedings
from the date on which such instalment was paid to
the date on which the refund is granted. [Circular No. 209, dated 11th
January, 1977]
2. An assessee is entitled to compensation by way of interest
for the delay in the payment of amounts lawfully due to the assessee which are
withheld wrongly and contrary to law. The Government is also liable to pay
interest at the rate applicable to the excess amount refunded to the assessee
on the interest amount which becomes due under section 214(1). [Sandvik Asia Ltd v CIT (2006) 280 ITR
643 (SC)]
3. The basic requirements for receiving interest on refund
without making a claim are: (a) there is a refund due; (b) the
whole or part of the refund is due as a result of any amount having been paid
after March 31, 1975; (c) the payment must be made pursuant to any order
of assessment or penalty; and (d) such amount or any part thereof as
paid is found in appeal or other proceedings under the Act to be in excess of
the amount which the assessee is liable to pay as tax or penalty. The assessee
has to establish that he fulfils all these conditions. [R R Holding (P) Ltd v CIT (2006) 284
ITR 674 (SC)]
1[J28] [244A. Interest on refunds2[J29] :-
(1) 3[J30] [Where refund of
any amount becomes due to the assessee under this Act], he shall, subject to
the provisions of this section, be entitled to receive, in addition to the said
amount, simple interest thereon calculated in the following manner, namely:
(a)
where the refund is out of any tax 4[J31] [paid under
section 115WJ or] 5[J32] [collected at
source under section 206C or] paid by way of advance tax or treated as paid
under section 199, during the financial year immediately preceding the
assessment year, such interest shall be calculated at the rate of 6[J33] [one-half] per
cent for every month or part of a month comprised in the period from the 1st
day of April of the assessment year to the date on which the refund is granted:
Provided that no interest shall be payable if the amount of refund
is less than ten per cent of the tax as determined 7[J34] [under
sub-section 8[J35] [(1) of section
115WE or sub-section] (1) of section 143 or] on regular assessment;
(b)
in any other case, such interest shall be calculated at the rate of 9[J36] [one-half] per
cent for every month or part of a month comprised in the period or periods from
the date or, as the case may be, dates of payment of the tax or penalty to the
date on which the refund is granted.
Explanation.For the purposes of
this clause, "date of payment of tax or penalty" means the date on
and from which the amount of tax or penalty specified in the notice of demand
issued under section 156 is paid in excess of such demand.
(2)
If the proceedings resulting in the
refund are delayed for reasons attributable to the assessee, whether wholly or
in part, the period of the delay so attributable to him shall be excluded from
the period for which interest is payable, and where any question arises as to
the period to be excluded, it shall be decided by the Chief Commissioner or
Commissioner whose decision thereon shall be final.
(3)
Where, as a result of an order
under 10[J37] [sub-section (3)
of section 115WE or section 115WF or section 115WG or] 11[J38] [sub-section (3)
of section 143 or section 144 or] section 147 or section 154 or section 155 or
section 250 or section 254 or section 260 or section 262 or section 263 or
section 264 or an order of the Settlement Commission under sub-section (4) of
section 245D, the amount on which interest was payable under sub-section (1)
has been increased or reduced, as the case may be, the interest shall be
increased or reduced accordingly, and in a case where the interest is reduced,
the Assessing Officer shall serve on the assessee a notice of demand in the
prescribed form specifying the amount of the excess interest paid and requiring
him to pay such amount; and such notice of demand shall be deemed to be a
notice under section 156 and the provisions of this Act shall apply
accordingly.
(4)
The provisions of this section
shall apply in respect of assessments for the assessment year commencing on the
1st day of April, 1989, and subsequent assessment years:]
12[J39] [Provided
that in respect of assessment of fringe benefits, the provisions of this
sub-section shall have effect as if for the figures "1989", the
figures "2006" had been substituted.]
DEPARTMENTAL
VIEW
1. In case of a regular assessment under section 172(7), the
non-resident assessee is liable to pay interest under sections 234B and 234C
and also entitled to receive interest under section 244A of the Income-tax Act,
as the case may be. [Circular No. 9/2001, dated 9-7-2001, withdrawing
Circular No. 730, dated 14-12-1995]
245. Set off of refunds against tax remaining payable1[J40] :-
Where under any of the
provisions of this Act, a refund is found to be due to any person, the 2[J41] [Assessing]
Officer, 3[J42] [Deputy
Commissioner (Appeals)], 4[J43] [Commissioner
(Appeals)] or 5[J44] [Chief
Commissioner or Commissioner], as the case may be, may, in lieu of payment of
the refund, set off the amount to be refunded or any part of that amount,
against the sum, if any, remaining payable under this Act by the person to whom
the refund is due, after giving an intimation in writing to such person of the
action proposed to be taken under this section.
DEPARTMENTAL
VIEW
1. If refunds unconnected in any way with the foreign income
arise to the assessee in later years under section 220(7) the adjustment would
result in considerable hardship to the assessee. Therefore in such cases
refunds due to the assessee may not be adjusted against the taxes kept in
abeyance under section 220(7). [Circular No. 3D, dated 29th January, 1968]
[J1]See Circular Nos. 23(LXXII-18), dated 3-8-1962; 379, dated 10-4-1984; 446, dated 31-12-1985; 503, dated 5-2-1988; 513, dated 27-5-1988; Letters F. No. 91/31/64-ITJ, dated 9-6-1964; 225/103/83-IT(AII), dated 24-3-1984; 225/201/87-IT(AII), dated 5-2-1988; Ministry of Finance's note vide Para 1.80 of PAC's 150th Report (Fifth Lok Sabha), p. 25 and Instruction No. 1687, dated 5-2-1986.
[J2]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J3]See Circular No. 22(LXXII-17), dated 8-8-1961.
[J4]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[J5]See Circular Nos. 379, dated 10-4-1984; 503, dated 5-2-1988; 670, dated 26-10-1993; 707, dated 11-7-1995 and 8/2001, dated 16-5-2001; Letters F. No. 212/98/72-IT(AII), dated 18-11-1972; 225/103/83-IT(AII), dated 24-3-1984; 225/201/87-IT(AII), dated 5-2-1988.
[J6]See rule 41 and Form No. 30.
[J7]Substituted by the Finance Act, 1968, w.e.f. 1-4-1968.
[J8]Substituted for "two years" by the Finance Act, 1992, w.e.f. 1-4-1993.
[J9]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[J10]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J11]Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[J12]Prior to the omission, section 241, as
substituted by the Direct Tax Laws (Second Amendment) Act, 1989, w.e.f. 1-4-1989, read as under:
"241.
Power to withhold refund in certain cases1.Where refund of any amount becomes
due to the assessee as a result of an order under this Act or under the
provisions of sub-section (1) of section 143 after a return has been made under
section 139 or in response to a notice under sub-section (1) of section 142 and
the Assessing Officer is of the opinion, having regard to the fact that
(i) a notice has been issued, or is likely to be issued,
under sub-section (2) of section 143 in respect of the said return; or
(ii) the order is the subject-matter of an appeal or further
proceeding; or
(iii) any other proceeding under this Act is pending,
that the
grant of the refund is likely to adversely affect the revenue, the Assessing
Officer may, with the previous approval of the Chief Commissioner or
Commissioner, withhold the refund till such time as the Chief Commissioner or
Commissioner may determine."
1 See Instruction
No. 1157, dated 21-3-1978.
Earlier, it was also amended by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J13]See rule 119A. This section has ceased to apply from assessment year 1989-90: see section 243(3).
[J14]Substituted by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971.
[J15]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J16]Substituted for "twelve" by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984. Section 84 of the Amendment Act has clarified that the increase in the rate of interest will apply in respect of any period falling after 30-9-1984, also in those cases where the interest became chargeable or payable from an earlier date. Earlier, "twelve" was substituted for "nine" by the Finance Act, 1972, w.e.f. 1-4-1972 which was substituted for "six" by the Taxation Laws (Amendment) Act, 1967, w.e.f. 1-10-1967.
[J17]Substituted for "Commissioner" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J18]Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[J19]See rule 119A. This section has ceased to apply from assessment year 1989-90: see section 244(3).
[J20]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J21]Substituted for "six months from the date of such order" by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971.
[J22]Substituted for "twelve" by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984. Section 84 of the Amendment Act has clarified that the increase in the rate of interest will apply in respect of any period falling after 30-9-1984, also in those cases where the interest became chargeable or payable from an earlier date. Earlier, "twelve" was substituted for "nine" by the Finance Act, 1972, w.e.f. 1-4-1972; "nine" was substituted for "six" by the Taxation Laws (Amendment) Act, 1967, w.e.f. 1-10-1967 which was substituted for "four" by the Finance Act, 1965, w.e.f. 1-4-1965.
[J23]Substituted for "six" by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971.
[J24]Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975.
[J25]See Circular No. 209, dated 11-1-1977.
[J26]Substituted for "six months from the date of the order referred to in section 241" by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971.
[J27]Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[J28]Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[J29]Circular No. 9/2001, dated 9-7-2001 withdrawing 730, dated 14-12-1995.
[J30]Substituted for "Where, in pursuance of any order passed under this Act, refund of any amount becomes due to the assessee" by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989.
[J31]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[J32]Inserted by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989.
[J33]Substituted for "two-third" by the Taxation Laws (Amendment) Act, 2003, w.e.f. 8-9-2003. Earlier, "two-third" was substituted for "three-fourth" by the Finance Act, 2002, w.e.f. 1-6-2002; "three-fourth" was substituted for "one" by the Finance Act, 2001, w.e.f. 1-6-2001, which was substituted for "one and one-half" by the Finance (No. 2) Act, 1991, w.e.f. 1-10-1991.
[J34]Inserted by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989.
[J35]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[J36]Substituted for "two-third" by the Taxation Laws (Amendment) Act, 2003, w.e.f. 8-9-2003. Earlier, "two-third" was substituted for "three-fourth" by the Finance Act, 2002, w.e.f. 1-6-2002; "three-fourth" was substituted for "one" by the Finance Act, 2001, w.e.f. 1-6-2001, which was substituted for "one and one-half" by the Finance (No. 2) Act, 1991, w.e.f. 1-10-1991.
[J37]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[J38]Inserted by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989.
[J39]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[J40]See Circular No. 3D(LXXII-21), dated 29-1-1968.
[J41]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J42]Substituted for "Appellate Assistant Commissioner", ibid.
[J43]Inserted by the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978.
[J44]Substituted for "Commissioner" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.