• Jul
  • 19
  • 2012

Claim Interest on Income Tax Refund for delay

Posted In Income Tax | , | 11 Comments » Print Friendly and PDF

DELAYS AREN’T DENIALS  – Before getting into the actual process, it is important to know some of the reasons that may have caused the delay. If your bank account details or your PAN number is entered incorrectly in the form or you end up filing your tax in the wrong ward/circle, then the chances for delay are high.Tax authorities have especially been known to cause delays in cases where the amount to be refunded exceeds Rs 5 lakh, citing additional approvals as the reason. Delay could also be caused if litigation is pending against the refund claimed or against any other issues with higher level of authority. For instance, if an individual is in appeal with Commissioner of Income Tax (Appeals) against an order passed by the assessing officer (AO) level, in our experience, the refund is generally not issued by the AO even though there is nothing in the law to this effect.

REMEDIAL ACTION  –
Moving on to the actual process. In ideal circumstances, you should be able to trace the status of your refund online at the NSDL website using your PAN number and entering the year for which you are to get the refund. However, with the service being limited to metros, in most other cities you would need to check the status and claim your refund by visiting the tax office where you filed your returns.  You will need to fill Form 30, and attach a copy of the tax return filed, a copy of the withholding tax certificates and proof of tax deposited as advance tax or self-assessment tax. However, if you get no response from the assessing officer, then you will need to take this up further with a higher authority.

As the next step, the individual should write a letter to the Chief Commissioner of Income-Tax with a copy to the grievance cell and the concerned income tax officer and enclose copies of all the letters written to the assessing officer and a copy of the return filed. If this still doesn’t help, you could contact the income tax ombudsman who has been appointed to facilitate this process.

USING OTHER CHANNELS 

Individuals also have the right to use the Right to Information (RTI) route to find out the reasons for delay of refunds.  If you don’t receive a response from the Income-Tax Office within 30 days of your submitting the letter, then you could file an RTI application in the name of the accounts officer of the income-tax department of the government of India, including the photocopy of acknowledgment and other such documents.

If no action is taken within 35-40 days of sending the RTI, then you could file a first appeal within the next 35-50 days. If you still don’t receive any response then you could approach RTI activists for help with the final appeal to the Central Information Commission. Meanwhile, remember to retain photocopies of all the letter and papers that have been used in your communication with the Income Tax department.

Meanwhile, remember that it is also your right to claim interest on the amount that is due to you as a refund .

Where the refund of any amount becomes due to the taxpayer under the provisions of the I-T Act, he shall be entitled to receive simple interest on the amount of refund due in the return calculated at half percent for every month (or part of the month) from the date of actual payment of tax till the time such refund is granted.

These calculations often involve mistakes and in the case of an error, would need to file a rectification application under Section 154 of the I-T Act. However, the rules are different for refunds dealing with advance tax money. If the amount of refund is less than 10% of tax, then you do not stand to get any interest on it.


11 Responses to “Claim Interest on Income Tax Refund for delay”

  1. RASMILATASAHOO says:

    assessmentyaer2013-14pannumbercklps0146lrefundnotrecevied

  2. assessmentyaer2013-14,pan-cklps0146l,incometaxrefundnotrecveied

  3. Jogender Singh says:

    Whether interest on income tax refund is taxable?

  4. Madhankumar says:

    Hi, I met one person he is in Bangalore, He was received one IT refund cheque for his father, before receiving that his father was passed out. Any suggestions to collect the refund amount. Please guide me to solve this problem…

    Thanks for your support…

  5. Ganapthy says:

    The companies which deducted TDS did not file them or upload them and as a result my 26AS showed a smaller amount than actual.. I sent a letter to the IT dept to my assessing officer with all original TDS certificates for that year(200-10) and I am yet to hear from anyone. I dont to be visiting the IT office again and again…Dont understand why the AO cannot take action based on the letter with supporting documents.It is more than 1.5 years.

  6. CA. M, Lakshmanan says:

    Getting refund itself is very difficult for many of the assesses. They can’t think of interest at all!

  7. Vijaya says:

    Can refund for AY 2007-08 that was long delayed be adjusted against newly found short payment of tax in AY 2001-02 ?

    Sec 143 notice not issued for 2001-02 yet but issued for 2002-03 and another year. When does AY 2001-02 get time barred for recovery?

  8. S.Ballasubramanian says:

    An informative and suggestive article.

  9. You have to personally visit Income Tax office and inquire about the same.

  10. Nikitanupama says:

    Hi, I was supposed to get a refund for Assessment year 2005-06, but was delayed due to incorrect bank details. I sent a reply with correct details in 2007 and yet not received any refund. please advise

  11. ashish says:

    Photocopy job work will come in to service tax catagory ?

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