08 September 2009
My friend's refund is prending for the AY 2007-08. He has been visiting the dept since the last 4 months/ The refund cheque is ready and has also been shown to him. But they are asking more & more details & photocopies of his tax returns. He was an expat (NRI) for that AY and the refund amount is huge.He gave them the photocopies etc . Today( i.e after 15-20 visits to the IT dept ) they tell him he is not obligated to come but his company should come to claim the refund.He got wild & blasted the ACIT.He has quit that companu two yrs back so obviously he cannot ask them to come.I want to know the foll things. 1. Can i represent him in front of the ACIT(I have completed my CA inter) 2. if yes what documents should i submit 3. can i approach the Commissioner directly? 4. Can u give me some suggestions to claim the refund back now that he & he ACIT have fought.
08 September 2009
YOu can raise a grivance before commissioner and let them understand the whole situation. If you are legaly liable to get the refund they have to give you the same. delay is the essetial par of IT depat so dont worry its very normal atleast in India. Corruptions are in place everywhere.
They must have expecting a good amount as bribe from you. I will not suggst to put weight (Its illegal) if you can not get the amount by clear means.
08 September 2009
1.As a friend of the assessee u cannot ,legally,appear before the ACIT. 2. Since answer to point no 1 is in the negative, answer to this point is not warrented. 3.No. Either the assessee or a person mentioned in clause (i) to (vii) of section 288(2) of The Income tax Act,1961 with an authorisation can only appear before the ACIT/Commissioner. 4. Cann't answer for want of reasons for ACIT's stand.
CAclubindia
