Balwant Jain

Present Legal provisions on filing of return for loss or claiming refund

You are required to file your income tax return in case your gross total income exceeds the amount of the basic exemption limit. You can file your return of income for claiming refund of taxes even if your income does not exceed the exemption limit due to TDS or payment of advance taxes . You can also file your income tax return for claiming the refund in case the actual tax liability is lower than the aggregate of the TDS and taxes paid by you like advance tax or self assessment tax. This return for claiming the refund of excess taxes paid can be filed within a period of two years from the end of the financial year for which claim the refund relates. For example there was excess TDS for the financial year ended 31-03-2014, for which the due date was 31st July 2014, you can still file your income tax return for claiming the refund of excess TDS by 31st March 2016.

Moreover in case you want to carry forward any losses suffered during the year, you have to file your income tax return by the due date which is 31st July for normal tax payers and which has been extended to 31st August this year. In case you fail to file your return of income by the due date, you lose your right to carry forward the losses.

Extension of time limit:

Under the provision of Income Tax Act, CBDT has powers to issue orders for granting relaxation from these requirements. In exercise of these powers CBDT has been issuing instruction, passing orders, from time to time, giving relaxation in order to mitigate genuine hardships caused to the taxpayers where the taxpayers could not claim the refund due to expiry of the statutory time limits for filing income tax returns. The CDBT has very recently issued  circular no. 09/2015 on 9th June prescribing the procedure to condone the delay for n claiming the income tax refund/carry forward of losses. Let us understand what the latest instruction of CBDT provides for.

Period of for which request can be made

A tax payer can make a request to condone the delay in filing of return within six years from the end of the assessment year in respect of which the return is to be filed. So effectively in case of claim for income tax refund, you get an extension of five years only as presently also you can file your income tax return for refund one year after end of the assessment year. So now you can make an application for condonation of delay for any financial year ending 31-03-2009 or thereafter. So in case any of you who failed to file your return in which you were entitled to claim income tax refund or carry forward of losses, can file the application now in case it relates to financial year ended 31-03-2009 or thereafter.

Who can condone the delay

This circular provides for different authorities who can condone the delay based on the amount invoiced. Any application to condone the delay for claim amount of Rs. 50 lacs or more has to be made to CBDT only. In case the amount of claim is between Rs. 10 lacs and 50 lacs the application will have to be made to the Chief Commission of income tax or Principal Chief Commissioner of Income tax. However in case the amount involved is less than 10 lacs, the same can be entertained by either Principal Commission of income tax or commissioner of Income Tax. The limits specified are same whether your application is for income tax refund or for carry forward and set off of losses. It may also be noted the above limits apply to each financial year separately and not for the aggregate f the claim for all the years taken together. Before accepting or rejecting the application these authorities are supposed to verify that the claim is correct and genuine. It may be noted that the assessing office who will eventually process your income tax return can make scrutiny of your claims before granting you refund or allowing you to carry forward the loss.

Conditions for making the application:

In order to ensure that your application to condone the delay is accepted, you need to satisfy certain conditions. The income in respect of which the refund is being claimed should not be includible in the income of any other persons. The claim for refund should have arisen due to TDS, of payment of advance tax or self assessment tax.

Generally you are entitled to get interest on the amount of refund due to you in case you have filed your return of income within two years from end of the financial years but in case you avail this facility of condonation of delay under these instruction you will not be entitled to any interest on the amount of refund due to you.

Moreover under these instructions you can even make an application for claiming supplementary refund in case you already have received part of the income tax refund.

How to go about it

No specific form or format for making such application is prescribed so the application can be made on plain paper stating the facts of the case in detail, which will help the authorised commissioner to take the appropriate decision.

Though no specific process has been prescribed under these instruction I would suggest you to file your income tax return along with the application for condonation of delay. So in case your application is accepted, you return will also be taken up for processing immediately.

I am sure above discussion will help few of you will be benefited who could not claim income tax refund as they had missed the deadline for filing of the income tax return.

Balwant Jain is a CA, CS and CFP. Presently working as Company Secretary of Bombay Oxygen Corporation Limited. He can be reached at jainbalwant@gmail.com

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52 responses to “Claim your Income Tax Refund for six years”

  1. sheena says:

    I file my IT returns regularly. I was a private employee and my salaries and TDS were updated.But i dint receive my refund amount for the year 2011/2012 and 2012/2013.Please guide me to whom I can approach to get my refund.

  2. Jaimin Patel says:

    Hello Sir, one of my party deducted TDS of Rs. 32000 in FY 2013-2014. But he forgot to pay TDS in Income Tax. And he hasn’t filled it in that Year. My party filled that TDS on 31-03-2016. But at that time, I have already filled my Income Tax Return of FY 2013-2014. Now, I can’t revise that return. And in my 26AS, I can see that party paid TDS on 31-03-2016. Now, my question is that – how can I get refund of my TDS, How can I claim it now?

  3. Vilas Jagannath Mejari , 9619685996 says:

    Hi
    I am salary employee under Pvt Ltd Company, in FY 15-16 company deducted Rs.69048/-.
    I have filed my ITR after due date at the time filing ITR My 26as form was showing TDS deduction Rs.27969/- and same was received refund by me. after that i have rectify twice but i didn’t received my unclaimed TDS till date

  4. Bankim Doshi says:

    Dear sir,

    Thanks for your such good article. I have some difrent issue. I had file my income tax return on file, and also received refund, but then I had noticed that some of my client had paid TDS after process of my income tax refund, and there by same was not counted in my tax return and thereby also not received same as refund.

    Now how can I claim such refund , because my income tax return has been process and also received my refund but then till few amount is pending.

    Do i need to file revise return or I can claim in my current financial year

  5. Srinivasan says:

    Hello Sir

    You have clarified my query once earlier. May I ask one more as below;

    A person has invested in tax saving Bank Deposit for 5 years locked in period in last financial year and subsequently died. His wife withdrew the deposit prematurely. so in the current assessment year she has to file a return on behalf of her husband as legal heir. can she claim the benefit of the FD under 80c.

    Thanks

  6. omkar says:

    For AY 15-16 interest income of Rs.30 Lakhs declared in the return. Against this tds of Rs. 25000 was claimed in the return. TDS as per 26AS is 3 Lakhs. TDS Rs. 275000 is not claimed in the return. Refund of Rs. 75000 is already received based on TDS of Rs. 25000 . No revised return is filed. How Can this unclaimed TDS of Rs. 2.75 Lakhs can be claimed now ??

  7. Nitin says:

    Hello,
    I want to file refund IT return for AY 2014-15 due to excess deposition of TDS. You have mentioned about circular dated 09.06.2015. Is there any change subsequently or the same instructions are still applicable?

  8. Sahil ananya says:

    Hi myself sahil ananya filed my itr in 2012 for 3 years with a ca.that time my tds was around 15000 for 10-11 assessment year but still I don’t get that amount and
    Wenever i asked to my ca he told me I did the process it ‘ll come……now what ‘ll be the remedy in my case.
    Thanks

  9. Satish rao chavan says:

    Sir namskar, kya apki website hindi language me available ho sakti he. Kya tax se related topics ka hindi version available ho sakta he. Plz hamare jese hindi medium users ke liye help kare ya or koi help ho sakti ho to jaroor bataye- satishrao chavan whtsapp no. 9993994428

    • Rahil R says:

      Hello Satih,
      आप अंग्रेजी से हिंदी में परिवर्तित करने के लिए Google अनुवाद का उपयोग कर सकते हैं
      या
      आप google.com साइट पर भाषा हिंदी सेट कर सकते हैं। तो इस साइट को खोजें। परिणाम पेज पर आप हिंदी में अनुवाद करने का विकल्प देख सकते हैं उस पर क्लिक करें और आप हिंदी में वेबसाइट देख सकते हैं।

  10. Harshad Kamble says:

    email me your details on caharshadkamble@outlook.com ill help you to get your refund claimed

  11. Sushil says:

    I am a house wife and i had invested in fixed deposit of Bank.Can i get TDS refund on fixed deposit for which bank had deducted TDS for the assessment year(2013-14 & 2014-15) and i could not file ITR at that time. Now ,if i file ITR in the current year i.e.assessment year(2016-17) for claiming TDS refund can i get and if so,which ITR form is to be used for claiming the refund.I have no other source of income.

  12. rajesh Gupta says:

    The Original return for AY 2013-14 was e-filed belated but did not furnish TDS details and not claimed the refund. Later on return was revised and claimed refund. But CPC has refused to process the revised return stating that since original return was belated and in that case return can tot be revised. Now how the tax refund can be claimed?

  13. SHIVAPRAKASH says:

    Dear Sir, thank you for your valuable information, but in our case the assessee has ben died recently due to long ill health and there was TDS for the Asst Year 2013-14 and it not claimed please tell me is it possible for the legal heir of the deceased to claim the refund onbehalf of the deceased

  14. Ravi says:

    Is there any possibility of reapplication to the officer as application made before was rejected as there was no proper reasons made in application.

  15. MINTU RANA says:

    what is the meaning of …..process4(11) scheme 2011 &
    what is the process to cilaim back year refund like f.y-11-12,12-13

  16. vikash soni says:

    if bank deduct tds on fd interest for f.y 2012-2013 and not give form of tds . can we recv that tds certificate now i.e after 24-11-2015 and file income tax return for a.y 2013-2014 now

  17. LAKSHMI says:

    Sir

    One assessee had received commission income and she has not claimed refund from A.Y 2012-13. As per the above circular, can she efile her return and request for condonation online to receive her refund.

  18. tamvada jyoti says:

    jain saab,
    Thank you for your letter.This implies that I can filr my return for the AYs 2010-11 &2011-12after getting condoned by the commissioner of IT.As no form has been prescribed I have to send application on plain paper
    regards
    T Jyoti

  19. tamvada jyoti says:

    Respected Jain saab,
    Thank you for giving useful info.I am a housewife with no other income except interest in fixed deposits.In the AY 2010-11 and 2011-12 Rs360 andRs5899 were deducted as TDS. Banks have not given Form16s and at that time I did not file returns.I did not have PAN number also at that time.
    From your letter I understand that I can file returns for those years after getting condoned by the Commissioner of IT .As no specific form has been provided I have to send an application on plain paper and get refund after it is condoned by the Commissioner It.Pl advise.
    regards
    T Jyoti

  20. Sandip Pawar says:

    I was efiled refundable tax return for A.Y-2014-15 but refund was decline due to incorrect of bank account no. I was filed correct information them and filed re issue request to refund for four times but i getting its status “your refund request is failed” each time. Furthermore, i also grievanced it and now i get its status is “your refund is rejected”. what shall i do, may I file manual return ones again ? will it justified. pls. guild me.

  21. Sandip Pawar says:

    mll

  22. tamvada narasimha rao says:

    sir,
    my wife has fixed deposits on her name.On the interest gained she is filing returns and getting refunds.In the years 2010-11,2011-12 tax was deducted by the banks and deposited with government. Can she file retuns now and get refund?
    regards
    T N Rao

  23. DEEPAK PUJARI says:

    any one help for ay 2012-13

  24. DEEPAK PUJARI says:

    any one help for refund for ay 2012-13

  25. Rajvir Singh says:

    Sir
    I am re-employed with central govt taking pre mature retirement
    from Army. I a disabled person with 40% disability. However tax
    been deducted at source since 2008 to 2011 by my employer as TDS.
    Can I claim the refund now

  26. DEVS says:

    Sir my bank has deducted TDS on my FD because at that time i don’t have a PAN card. but now i want refund of the same for last 2 years. what should i do?

    • Snehal says:

      Dear Sir

      Please submit your PAN Card number in the bank concerned and tell them to file TDS return, when you will get credit of the same you can file Income tax return and claim for the TDS also

      Snehal

  27. Balwant Jain says:

    @Manthan In case there is some refund due and you have not filed the income tax return, you can file the income tax return for claiming the income tax refund under this circular.

  28. Nikash malan says:

    Dear sir m fill efile already. Nd my tax refund 2015-16 has been issued.
    But 2014-15 is not Issued . .so sir plz tell me how much more time for 2014-15 refund?

  29. Manthan says:

    Today i receive Form 16A from SBI bank for F.Y 2011-12 as bank fill wrong PAN in my FD account. Now CDBT grant refund for last six year then how i will claim refund for F.Y 2011-12 as i did not fill any ITR for any F.Y?

  30. balwant jain says:

    @MAnoj Kandoi
    Since your ITR V was not received by the time prescribed and presume there was no extension for sending this in your case, the return which you had uploaded does exits on records for all practical purposes.
    So you can avail benefit under this circular.
    You can not file the application for this online. You will have to make an application offline to the official authorised for this purpose in case any refund is due in your case.

  31. balwant jain says:

    @ Sandeep Kumar Tandon FCA Answer to both questions is No.
    In case the return has been filed earlier benefit of this circular can not be taken. Neither you can take the benefit of this circular by paying self assessment tax.

  32. balwant jain says:

    @ Basheera you can not adjust any income tax refund due against your liability of self assessment tax payable. You will have to pay the self assessment tax and wait for the refund to come.
    It is the almighty government which has this divine power to adjust your refund against any demand as per their records, whether legitimately due or not.

  33. MAnoj Kandoi says:

    E-FILLED MY ITR FOR FY-2011-12 / AY-2012-13 ON DATE 18/03/2013 AND SENT ACK COPY BY SPEED POST TO CPC,BENGALURU
    BUT CPC RECEIVED MY COPY AFTER DUE DATE. ITR NOT PROCESSED HENCE NO REFUND BY CPC AND REFUND IS OUTSTANDING /UNPAID.
    SIR,CAN WILL THIS REFUND TO ME ? WHAT IS PROCEDURE ? CAN I APPLY UNDER NEW CIRCULAR 09/2015
    CAN U REPLY ME ON EMAIL ID.
    THANX –

  34. RAMANA MURTY says:

    How does one claim excess TDS made on salaries through e-return? Please clarify the procedure while filing e-return, to claim refund of the amount of Tax that could have been saved on the exemptions not considered by the employer due to non-payment of Insurance Premium, etc., at the end of the closure of TDS calculations by the employer, but paid subsequently, before 31st March.

  35. Madan singh says:

    Very good it is very beneficial to the all.

  36. MOHAN DHOTE says:

    SIR,
    I didn’t file YET my ITR FOR FY-2007-08 /AY-2008-09 ,BUT MY TDS IS ALREADY DEDUCTED. ALL PREVIOUS YEARS & AFTER YEARS FROM THAT YEAR ARE REGULARLY FILED MY ITR WITH IN DUE DATE.
    SO,NOW CAN I FILE MY PENDING ITR FOR AY-2008-09 AND CAN I CLAIM TO REFUND TDS ?
    SIR,CAN U REPLY TO ME ON MY EMAIL ID ?
    THANX

  37. MOHAN DHOTE says:

    I E-FILLED MY ITR FOR FY-2011-12 / AY-2012-13 ON DATE 16/03/2013 AND SENT ACK COPY BY SPEED POST TO CPC,BENGALURU.
    BUT CPC RECEIVED MY COPY AFTER DUE DATE AS PER CPC SAID TO ME IN MY DISCUSSION WITH CPC.MY CASE NOT TAKEN IN PROCESS TO REFUND BY CPC AS LATE FILE FROM DUE DATE.SO,MY CASE IS PENDING AND REFUND IS OUTSTANDING /UNPAID.
    SIR,CAN WILL THIS REFUND TO ME ? WHAT IS PROCEDURE ?
    CAN U REPLY ME ON EMAIL ID.
    THANX

  38. ASHWANI GUPTA says:

    Sir,How the Return under Section 119(2)(b) can be filled for the Ay 2013-14 or 2014-15,becoz at the income tax portal there is no option to file return under the same section for the above ay.the same option is been shown from the ay 2015-16.

  39. Harish says:

    This is an informative article. But with my practical experience I may add that you do not know the fate of applications for condonation of delay. Once such application was rejected by the CIT with the remarks that this is clever move of the ITP to claim refund which the assessee had never desired. Please note before the CIT the assessee has to appear personally and not the AR.
    In my opinion refunds should be issued after verification of claim. For that purpose AO may scrutinize the claim

  40. Sandeep Kumar Tandon FCA says:

    Useful Article. Would like to further clarify the following:
    1. In case a Loss Return for AY 2010-11 was filed late and consequently Loss was not c/f. Can the Assessee claim any benefit now for the same?
    2. Will a person not having any refund due earlier, be able to file a return by depositing Self Assessment Tax now and claim its Refund.

  41. Basheera says:

    Hi,

    I file my IT returns regularly. I was a State Govt employee and my salaries and TDS were done by Govt Treasuries

    I received demand notice for Assessment Years (AY) 2009-10 & 2010-11 U/s 143(1).

    IT dept. also intimated to me that IT refund due to me for AY 2014-15 has since been adjusted against the demand notices 2009-10 & 2010-11

    Since TDS are duly deducted by the Govt. Treasuries from my Salary and paid to Govt., I filed with IT Dept. rectification U/s 154, enclosing the TDS details and as well SBI Chalan for payment of self-assessment tax by me.

    IT Dept acknowledgement details are also entered on-line into my Incometax e-filing log-in page.

    I still did not receive any response from IT Dept on my rectification request submitted personally. For AY 2015-16, I need to pay self-assessment tax.

    Kly advise how I adjust the refund due for AY 2014-15 against the self-assessment tax for AY 2015-16

  42. Raman K Agarwal says:

    Dear Jain Sahab,
    Your aforesaid article is very much informative and useful. I am also a Certified Financial Planner and I can use this information to cater my clients through better advise on income tax matters. I heartly appreciate the same
    Thanks & Regards
    Raman K Agarwal
    Lucknow.

  43. taxwell says:

    PRACTICALLY NOT POSSIBLE

  44. Adv. Rupesh Munot says:

    nice article sir…

  45. Manmotra V.Kumar says:

    Thank u Mr Jain for educating me on latest development
    Regards
    Manmotra

  46. Suresh says:

    Very useful information.

  47. CA Gajanand Gupta says:

    Good Article

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