ANNEX – ORDER, DATED 24-3-1984 REFERRED TO IN CLARIFICATION
In exercise of the powers conferred by clause (b) of sub-section (2) of section 119 of the Income-tax Act, 1961, the Central Board of Direct Taxes hereby order that, in all cases an otherwise valid refund claim under section 237 of the Income-tax Act, 1961 is filed by an assessee after the expiry of the statutory time limit as prescribed under section 239 of the Act, the Income-tax Officer, having jurisdiction over the case, may admit the said refund claim and dispose of the same on merits and in accordance with law provided the following conditions are satisfied :
(i) the refund arising as a result of tax deducted at source in respect of the assessment year under the provisions of sections 192, 193, 194, 194A, 194B, 194D and 195 does not exceed Rs. 1,000;
(ii) the returned income is not a loss where the assessee claims the benefit of carry forward of the loss;
(iii) the refund claimed is not supplementary in nature, i.e., a claim for additional amount of refund after the completion of the original assessment for the same assessment year; and
(iv) the income of the assessee is not assessable in the hands of any other person under any provisions of the Act.
2. This order will be effective from April 2, 1984
1. Attention is invited to Board’s Order F. No. 225/105/83-IT (A-II), dated 24-3-1984 whereby the Board, in exercise of the powers conferred by clause (b) of sub-section (2) of section 119 authorised the Income-tax Officers to admit belated refund claims under section 237 in respect of amount up to Rs. 1,000 in cases where refund arose as a result of tax deducted at source under sections 192 to 194, section 194A, and section 195 provided the conditions laid down in the said order were fulfilled. This order was effective from 2-4-1984. The order, however, did not cover cases where refunds arose as a result of tax deducted at source under section 194C, i.e., the cases of contractors and sub-contractors.
2. With a view to avoiding hardship to the taxpayers, the Board vide their Order F. No. 225/105/83-IT (A-II), dated 31-12-1985 have further authorised the ITOs to admit a belated application/claim for refund in cases where refund arises as a result of tax deducted at source under section 194C provided the following conditions are satisfied :
(i) the amount of refund arising as a result of tax deducted at source under the provisions of section 194C, in respect of the assessment year, does not exceed Rs. 1,000;
(ii) the returned income is not a loss where the assessee claims benefit of carry forward and set off of loss;
(iii) the refund claim is not supplementary in nature, e.g., a claim for additional amount of refund after the completion of the original assessment for the same assessment year; and
(iv) the income of the assessee is not assessable in the hands of any other person under any provisions of the Act.
3. This order will be effective from 1-1-1986.
Circular : No. 446 [F. No. 225/105/83-IT (A-II)], dated 31-12-1985.
