Instructions to subordinate authorities – Authorisation regard­ing condonation of delay in filing refund claim

1. I am directed to forward herewith the order contained in F. No. 225/208/93/ITA-II, dated 12th October, 1993, passed by the CBDT in exercise of the powers conferred on it under section 119(2)(b) of the Income-tax Act. By virtue of this order the Assessing Officers can admit belated refund claims under section 237 of the Income-tax Act in cases where refunds may arise as a result of tax deducted/collected at source and advance tax pay­ments where the amount of such  refund does not exceed Rs. 1 lakh for any assessment year.

2. Board have also decided that in such cases—

     (i)   where the refund does not exceed Rs. 10,000 for any assessment year the Assessing Officer shall obtain the prior approval of the CIT before entertaining a belated refund claim ; and

   (ii)   where the refund exceeds Rs. 10,000 but does not exceed Rs. 1,00,000 for any assessment year the Assessing Officer shall obtain the prior approval of CCIT of DGIT before entertaining a belated refund claim.

3. The CCIT/DGIT/CIT, as the case may be, shall ensure that the conditions laid down under Board’s order under section 119(2)(b) referred to above are fulfilled.

4. Where a Chief Commissioner of Income-tax/Director General of Income-tax/Commissioner of Income-tax/Director of Income-tax finds that the four conditions laid down in the order under section 119(2)(b ) dated 12-10-1993 are satisfied but still it is not a case of “genuine hardship”, he should refer the belated refund application to the Board for final decision.

5. This order is effective from 1-11-1993 and will apply to all claims of refund pending as on that date and also in respect of all refund claims filed on or after that date.

Circular : No. 670, dated 26-10-1993.

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Category : Income Tax (25322)
Type : Circulars (7534) Notifications/Circulars (30552)

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