If you have made tax payment to the Government more than the actual tax liability, then you can claim for the refund. The TDS, advance tax or TDS deducted by the taxpayer, if more than the actual tax liability, then the person needs to file return during the previous year in the prescribed format and verified to claim the Income Tax refund.
The problem can happen if the taxpayer missed filing the return in time when the income tax claim was due.
CBDT has given powers to the income tax authorities to accept the income tax return. If the taxpayer does not file the return the Income Tax Department issued a circular dated 09/06/2015 pardoning such delays and has laid down the procedure to be followed in such situations.
The following provisions allow the claim to be made after the expiry of the period for:
- Exemption
- Deduction
- Refund
- Other Relief under the Act
Authorities Responsible for Income Tax Refund Application to be submitted
| Authorities | Details of Claim |
|---|---|
| The Principal Commissioner of IT/ Commissioners | Claim not more than 10 Lacs |
| Principal Chief Commissioner of IT | Claim of 10 lacs to 50 lacs |
| Board | Claim above 50 lacs |
Read Also: Download Free Trial of Gen Income Tax Software
Time-line for filling Application: Beyond Six Years from the end of the assessment year for which claim is made. No condonation can be further allowed beyond six years and by any authority.
Extended time-line for filing Application: When refund claim has gone to the court, the period for which any proceeding is pending shall be ignored while calculating the said period of six years from the end of the month in which court order was issued.
Time-line for Processing Application: Within six months from the end of receiving application by the competent Authority, a condonation application should be disposed of.
Conditions for Acceptance/ Rejection Of Income Tax Refund Claim
At the time of considering the case u/s 119(2)(b), it shall be ensured that the income/ loss declared or claimed is correct and genuine. The Pr.CCIT/CCIT/Pr.CIT/CIT empowered to direct the jurisdictional officer to make necessary inquiries to verify the claim.Additional Claim of Refund
A supplementary claim of refund can be made after the completion of the assessment. The powers of acceptance/ rejection within the monetary limits are Pr.CCsIT/CCsIT/Pr.CsJT/CsIT. The refund would be subject to the following conditions:- The income is not assessable to any other person
- No interest will be refundable
- The refund claim is to be made due to excess tax deducted/ collected at source or excess payment made as per the provision of the tax
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