1. Both the matters are connected ones and as such they have been heard together and are being disposed of by this common order.

2. By order dated January 30, 2003, the Central Board of Direct Taxes has rejected the prayer of the petitioner for condonation of the delay in filing the application u/s. 119(2) of the Income-tax Act, 1961 (hereinafter referred to as "the Act") for refund.

3. The matter relates to the assessment years 1993-94 and 1994-95. Admittedly, the petitioner had not filed the returns within the statutory period and filed the same on October 9, 1998. u/s. 237, read with sec. 239(2)(c) of the Act, the period for filing an application for refund is one year from the last day of such assessment year. Admittedly, the application for refund has not been filed within time. sec. 119(2)(b) of the Act empowers the Board to extend the period for filing an application for refund in case of genuine hardship. The Board has issued circulars from time to time laying down conditions for condoning the delay in filing the application for refund on the ground of genuine hardship.

4. The petitioner had come earlier before this court with a prayer that his applications for refu