Failed to file your Income Tax Refund? Missed your chance of claiming Refund? Don’t worry because the income tax department allows taxpayers to file returns post deadline in some specific cases u/s 119 of Income Tax Act. Many practitioners are unaware about this very interesting fact and hence today I am writing this article.
Generally, 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 one 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 31-03-2020, for which the due date was 31st July 2020, you can still file your income tax return for claiming the refund of excess TDS by 31st March 2021.
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. In case you fail to file your return of income by the due date, you lose your right to carry forward the losses.
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Extension of time limit:
Under the provision of Income Tax Act, CBDT has powers to issue orders for granting relaxation from these requirements u/s 119 of Income Tax Act. 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 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 31-03-2014 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 31-03-2014 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 if 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 one 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 tax and investment expert and can be reached on [email protected] or @jainbalwant his twitter handle.
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Hi, I;m interested to file my tax return from last few years. I’m NRI and don’t have any income from India except I paid TDS on my investments. Is it possible to do and how much will it cost?
Thanks
on commission TDS is deducted Rs.1650 For FY 2020-2021 and my total income is below 2 lakhs, shall i get my tds amount back?
yes you can
if there is any isuue then call me 7011735870
Missed to offset capital gain losses in AY 2020-21. ITR was filed within time (no delay). Is there any way to correct the same (I see in some places that rectification is allowed only till the end of the financial year, i.e. 31-Mar-2021)
u can file revised return
TDS Credit was not allowed in AY 2020-21 due to wrong filing of sch TDS 3 instead of TDS 2.
I need professional help to claim refund of 22K.
You can file an application for rectification of mistake from the records.
i forget to file my return of 2020-21 and in that year i had a refund can i claim that refund in current year itr
If i want to claim 2015-16,2016-17,2017-18 unclaimed Tds. Can i claim this year.
Sir,
I have filled my income tax return FY 2019-20 and I have claimed my tds of ₹1164, which is related to FY 2018-19. After filling belated return for FY 2019-20, they change in fees u/s 234F. I got a demand noticed. What should I do and what is the provision for tds claim for previous years.
Sir i have not claimed my TDS for the year 2011 and 2012 financial year. Is their any hope I can get it now please advice
if you want your back year tds contact me on this number 8562026940
Sir,
I have paid all my TDS upto previous year. But in the FY2020-21 company deducted excess payment of HRA from 2011-2020. I have already paid the tax of the amount deducted in respective year. In this year this deduction is not reflected in my Gross Salary. How I can get the tax return benefit of the amount which is deducted from my salary.
Hello Sir,i had left company in the year of 2013-2014,that time company finance employee demanded money from me to process my TDS file,i was unaware about TDS that time,now how i can claim my money this year,guide to me.
Thanks
Con-8219030212 Sunny Verma
We have made the tax payment for not issuing the C forms for the year 2016-17. Now we have received the C forms from the client.
Can we submit the same to the sales tax and the arrears paid can be refunded. Please comment
saroj patra says:May 18, 2021 at 11:11 pm
Respected Sir,
due to some defective tax filling for 2016-17 ,i have not received my tax return.
can i still able to file with rectification?
Respected Sir,
due to some defective tax filling for 2016-17 ,i have not received my tax return.
can i still able to file with rectification?
Hi,
I HAVE FILED ITR OF ASSESMENT YEAR 2019-2020. I HAVE CLAIMED FOR TDS REFUND OF AMOUNT 11530/-. BUT A/C DETAILS WENT WRONG , SO CAN I CLAIM THE REFUND IN NXT YEAR.
Namaste sir
Mera naam Sagar Gupta hai.
Sir kisi karan se mai apna AY- 2016-17 aur 2017-18 ka ITR fill nhi kar paya tha.
To aapse ek help chahiye tha ki kya ab mai ITR fill kr sakta hu.
Sagar Gupta
Mob- 8319025249
Year end 18-19 my CA has less claimedTDS by Rs 90000/ saying he will claim in 19-20 at the time of filing return he said it is not allowed pls guide how I get refund
Claim it in current year..
Sr,Return File A.Y.2014-15 Revised, Refund rs.13620/- no but no relise refund
Looking for refund for the AY 1918-19.
Sorry. Due to software incompatibility refund claims older than 100 years cannot be processed currently.
I Am An Army Personal .i have not filled any ITR from year 2011-2018 .my TDS has been deducted . i have not claimed any refund .please help me with the appropriate process regarding 119(2)(b)
THANKS SUMIT you can contact us at [email protected] or whatsapp at 9324067444
I have filed ITR of my client for A.Y. 2019-20, but we have forget to take credit of TCS on property. can we claim that TCS in A.Y 2020-21 ITR or not. Please suggest.
I HAVE FILED RETURNS OF MY CLIENTS FOR AY 20-21, BUT TILL DATE NO ONE HAS RECIEVED REFUND AMOUNT, IS THERE ANY DELAY FROM INCOME TAX DEPARTMENT FOR THIS YEAR, PLEASE REPLY.
please contact me on 9819471132..i will help u out for ur tds issues
Contact on 8921575461 for filing of income tax return FY 19-20.
I was not able to file income tax return of FY2016-17 and end up in paying excess TDS. Is therde any way to get excess TDS refunded.
I HAVE FILED ITR OF ASSESMENT YEAR 2017-18. I HAVE CLAIMED FOR TDS REFUND OF AMOUNT 11 LAKHS. BUT THEY ARE NOT ACCEPTING IT AND ALWAYS ANSWERING ITS COMPUTERISED. I HAVE EVEN PLACED GRIEVANCE 5 TIMES. DUE TO COVID19 LAST GRIEVANCE I PLACED AFTER DUE DATE WHICH WAS GIVEN BY CPC. KINDLY ANY ONE CAN HELP ME IN THIS MATTER HOW TO GET BACK MY TDS
ITR submitted for F/Y2015-16.Claimed Rs.9850/-for refund. My PAN No,is AAVPY1077C.Total records submitted toCPC ITD BANGALORE..bUT THE REFUND amount is not settled till date even lapse of more than 5 years.Expedite the same immediately
Y.Mohan Rao Rtd BSNL Officer Hyderabad
My husband expired on 12.01.2017. I had filed returns for the FY 2016-17. During FY 2017-18 the bank has deducted TDS while making payment towards Encashment of leave
Please advise as how to claim the refund as am not able to file returns for subsequent FYs