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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53 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?

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