Presently , An Assessee Can only file return for last 2 years
and claim refund if any due and not beyond that. In case he missed to file
return within prescribe timeline he has no choice other than to forget his
refund claim. Income Tax Department in Latest circular No 9/ 2015 has guided on how an
assessee who has failed to file return and claim Refund according to section 119(2) (B) can now make an application and get Refund due up to last 6 Assessment years.
assessee who has failed to file return and claim Refund according to section 119(2) (B) can now make an application and get Refund due up to last 6 Assessment years.
STEP ONE : FILE AN APPLICATION
In case the amount is
less than Rs 10 Lacs CsIT for any one assessment year. The Application shall be made to the
Pr.CsIT/CIT. CIT will review the
application & communicate with reason acceptance/rejection of such
applications/claims.--In case the amount is more than Rs 10 Lacs the
Application to be made to Chief Commissioner of Income Tax--In case the amount
is more than Rs 50 Lacs then to CBDT.
STEP TWO ;YOU MAY FILE ITR UPTO LAST 6 YEARS
Condonation Application
can be file up to six previous years---Even Loss can be Claimed for Carry
forward---The officer will be ensured that the income/loss declared and /or
refund claimed is correct and genuine and also that the case is of genuine
hardship on merits.
STEP THREE; CLEARENCE FROM
AUTHORTIES
The power of accepting
or rejecting the Condonation Application of Delay shall be subject to following
Condition that The Income of Assessee is not assessable in the hands of other
person under any provision of Income Tax Act. Further No Interest will be admissible on belated
claim of Refunds and The Refund has
arisen due to excess payment of Advance Tax or Self-Assessment Tax or due to
excess deduction of TDS.
STEP FOUR ; SUPPLEMENTARY
CLAIMS
A
belated application for supplementary claim of refund (claim of additional
amount of refund after completion of assessment for the same year) can be
admitted for con donation provided other conditions as referred above are
fulfilled. Assessee will not receive interest on belated claim of
refunds.
STEP FIVE: CUMULATIVE
ITEREST BEYOND SIX YEARS
In the case of 8%
Savings (Taxable) Bonds, 2003 issued by Government of India opting for scheme
of cumulative interest on maturity but has accounted interest earned on
mercantile basis and the intermediary bank at the time of maturity has deducted
tax at source on the entire amount of interest paid without apportioning the
accrued interest/TDS, over various financial years involved, the time limit of
six years for making such refund claims will not be applicable -
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