TAX REFUNDABLE BUT MISSED THE DEADLINE U/S 139(4), YOU CAN STILL FILE RETURN AND CLAIM REFUND

By Subash Agarwal, Advocate

           

As per Instruction No. 225/228/93-IT (A-II) dated 12.10.93 the assessee may file claim of refund before the A.O. after expiry of time limit prescribed u/s 139(4).

As per the said instruction, following four conditions are required to be satisfied to avail the benefit-

            (i)         Refund amount does not exceed Rs. 5 lacs (Earlier, it was Rs. 1 lac )

            (ii)        There is no claim for carry forward of loss.

            (iii)       There is no claim for additional refund after completion of original assessment.

            (iv)       Income is not assessable in the hands of any other person (eg. Minor)

2.         It is mandated that the A.O. will require approval  from the following authorities while scrutinizing such belated returns-

(a)   Upto Rs. 10,000/-:                        CIT

(b)   Upto Rs. 1 lac      :                        CCIT / DGIT

(Revised to Rs. 5 lac vide circular no. 670 dated 26.10.1993)

3.         It is pertinent to note here that where the refund amount involved is upto Rs. 5 lacs, the return is required to be filed before the jurisdictional A.O. For the higher sum, return has to be sent to the CBDT, New Delhi.

4.         The CBDT has directed / clarified that –

(a)    All such cases of belated claim of refund are  to be taken up for scrutiny and

(b)   No claim is to be entertained after the expiry of 6 years from the end of the assessment year.

5.         Following precautions are required for such belated claim of refund-

(a)    Return is to be filled up in the appropriate form manually.

(b)   Reasons for delay with supporting evidences should be stated in the application for condonation of delay.