appeal with CIT ( Appeals)

This query is : Resolved

Ratan Sharma (Querist)
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02 January 2010 The assessee filed his return of income for A.Y. 2007-08 on dt. 5-5-2008 claiming refund of Rs. 1 lacs on account of excess TDS. The A.O. has neither processed the return u/s. 143(1) nor rejected the refund claim. The assessee has filed reminders, application with CIT, Addl. CIT, but no order passed by the A.O.
Can the assessee file the appeal with commissioner (appeals)? what are the alternate solutions?

Pawan Periwal

Pawan Periwal (Expert)
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02 January 2010 If you do not receive your tax refund within a reasonable time (Reasonable time may vary from case to case. However, in general, reasonably you should expect to receive the refund within a maximum of one year from the date of filing the tax return) you can either visit the tax department's office for the follow up of the refund or you can write a letter (along with the copy of acknowledgement of the tax return) to the concerned Income Tax Officer.

If it is still not redressed then you may write a letter to the jurisdictional Chief Commissioner of the Income Tax with a copy to the Grievance Cell and the concerned Income Tax Officer. This letter may be accompanied by the copies of previous letter/s written to the Income Tax Officer and a copy of the tax return filed.

But do not go to commissioner (appeal)since no order have been passed.