13 May 2022
For Assessment Year 2020-2021 one condonation application U/s. 119(2)(b) was submitted to CIT Exemption Kolkata on January 2022 on 25.01.2022 it has been ask to the assessee to establish the conditions mentioned CBDT Circular No 9/2015[F.No. 312/22/2015-OT] dated 09.06.2015 and by obeying the order reply for the same was convey to CIT and till date the department is silent from their side by knocking the door of Learned CIT it has been directed to the assessee that application cannot condoned as per law but in the circular no 9/2015 its clearly state this condition "No condonation application for claim of refund/loss shall be entertained beyond six years from the end of the assessment year for which such application/claim is made. This limit of six years shall be applicable to all authorities having powers to condone the delay as per the above prescribed monetary limits, including the Board. A condonation application should be disposed of within six months from the end of the month in which the application is received by the competent authority, as far as possible" and here the case is for the A.Y. 2020-2021 so hope assessee didn’t violate this point. Again there was a refund for Rs. 196980/- computed after 15% statutory accumulation and the assessee didn’t claim any interest on belated refund also as in the notification that point also clearly mentioned "No interest will be admissible on belated claim of refunds." Under this situation what step one professional may take for natural justice? Please guide me.
14 May 2022
It seems this is a trust registered under section 12A. Condonation application rejected. Return should have been filed within the due date to claim exemption. Without exemption under section 11 no refund will be due hence the condonation application might have been rejected. Check it's true.
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