Instruction No. 06/2013

F. No. 312/53/2013-0T

Government of India

Ministry of Finance

Department of Revenue

Central Board of Direct Taxes

New Delhi, the 10th July, 2013

To

All Chief-Commissioners of Income Tax

All Director General of Income Tax

Online GST Certification Course by TaxGuru & MSME- Click here to Join

Subject: Past adjustment of refunds against the arrears where procedure u/s 245 of Income Tax Act was not followed- regarding.

Sir/Madam,

Hon’ble Delhi High Court vide its judgement in case of Court On Its Own Motion Vs. UOI and Others in W.P.(C) 2659/2012 dated 14.03.2013 has issued seven Mandamus for necessary action by the Income Tax Department. One Mandamus is on past adjustments of refunds against the arrears; in particular, where procedure prescribed under Section 245 of the Income Tax Act, 1961 has not been followed.

2. On the above issue, the Hon’ble Court has noted in Para 25 of its order that the problem relating to ‘past adjustment’ of refunds persists and hence needs to be addressed.

The Hon’ble Court has observed as under:

“26. In spite ofthe opportunity given to the Revenue to take steps, prescribe, adopt a just procedure, to correct the records, etc., nothing has been done and they have not taken any decision or steps. The affidavits filed subsequently after 31s1 August, 2012, are silent on this specific point. In these circumstances, we direct and issue the third mandamus and direction which will be applicable only to cases where returns have been processed by the CPC, Bengaluru and refunds have been fully or partly adjusted against the past arrears while passing or communicating the order under Section 143(l} of the Act, without following the procedure under Section 245 of the Act. In such cases, it is directed that:-

A. All such cases will be transferred to the Assessing Officers;

B. The Assessing Officers will issue notice to the assessee which will be served as per the procedure prescribed under the Act.

C. The assessees will be entitled to file response/reply to the notice seeking adjustment of refund;

D. After considering the reply, if any, the Assessing Officers will pass an order under Section 245 of the Act permitting or allowing the refund.

E. The Board will fix time limit and schedule for completing the said process.

27. There are three reasons why we have issued the said direction. Firstly, the respondents accept and admit the position that wrong and incorrect demands have been uploaded in the CPC, Bengaluru. Secondly, the respondents have not followed the mandate and requirement of Section 245 of the Act before making the adjustment. The two stage process with the opportunity and right ofthe assessee to submit a reply before the adjustment is made, has been denied. CPC, Bengaluru did not entertain or accept any application of the assessee questioning past arrears uploaded in their system as they are not custodian of past records. CPC. Bengaluru entertain on-line applications but do not entertain physical or hard copy applications. Assessing Officer similarly did not entertain any application by the assessee on the ground that the order under Section 143(1) was passed by the CPC, Bengaluru and they do not have the files/return with them. Thus. the problem was created and caused by the respondents who did not realize the effect and impact of incorrect and wrong arrears being uploaded in CPC, Bengaluru and did not follow the statutory requirements of Section 245 q(the Act.

28. We clarify that the aforesaid directions are only applicable to Cases where two stage procedure under Section 245 of the Act has not been followed and not to cases where procedure under Section 245 of the Act was followed.

3. In view of the direction of the Hon’ble Court, I am directed to convey that the exercise desired by the Hon’ble High Court as listed in Para 26 A, B, C & D above in respect of cases where returns have been processed by the CPC, Bengaluru and refunds have been fully or partly adjusted against the past arrears while passing or communicating the order under Section 143( I) of the Act, without following the procedure under Section 245 of the Act, be carried out by 31st August, 2013 positively.

4. I am further directed to state that the above be brought to the notice of all officers working under your jurisdiction for necessary and strict compliance within the time frame prescribed above.

(Ekta Jain)

Deputy Secretary to Government of India

More Under Income Tax

Posted Under

Category : Income Tax (25154)

0 responses to “Regarding Adjustment of Income tax Refund without intimation to Assessee”

  1. Venu says:

    I got encashed after 2 years, had to go after it.

  2. JITENDRA THACKER says:

    I have written various letters where procedure u/s 245 is not being followed by the income tax department. Written letters to officer, ACIT etc but they have not replied in any manner. I have also not marked any register which is to be maintained for the adjustment of previous taxes. i doubt that the the procedure under Section 245 of the Act, be carried out by 31st August, 2013.

  3. Raj G says:

    Sir/Madam,

    My opinion is that if the Refund is due to the Assessee he/she should have a right to adjust the same in the next filing of the Returns. It is really painful you have to wait and wait forever for the Refund to come. When one logs in to check the Refund there is a standard template no more information. Also on the Refund amount the interest rate paid should be locked with the Bank FD Rate

  4. Asokan says:

    I am also having similar adjustments done by CPC without informing the arrears are there. These arrears are for the year 2003,2008 and 2009. For one year 2003 I got refund order also.Still in the CPC it is showing some arrears for wich CPC adjusted my dues of year 2012. Since we do not know the details of the manual updation, it is difficult to the details entered by some data entry operators sitting somewhere in the country. Pl. guide me as well for the benefit of all.

    Regards

  5. NARAYAN S G says:

    Sir / Madam,
    A govt emp Finance Year 2012-13 salary calculation month 03-2012 to 02-2013 and deduct Income tax in the month of Feb 2013, but Feb-2013 salary not encashed till now.(Pending for budget) How to pay income tax now? for the period FY 2012-13.

Leave a Reply

Your email address will not be published. Required fields are marked *