Tds refund

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

18 September 2011 In financial year 2008-09 form 16A Rs 10000 due.Itr not filed .Can i claim it now.Any route legal or other way.

CA MANOJ GUPTA

CA MANOJ GUPTA (Expert)
Follow

19 September 2011 APPLY TO CIT WITH AN APPLICATION FOR CONDONATION OF DELAY

CA MANOJ GUPTA
JODHPUR
09828510543

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
Follow

20 September 2011 File your ITR physically and apply to the concerned officer. Since your refund is mor than 10,000 approval is to be obtained by the ITO from CIT

Upgrade to CAclubindia Pro. Subscribe Now!

CA MANOJ GUPTA

CA MANOJ GUPTA (Expert)
Follow

21 September 2011 return for a.y.2009-10 will not be accepted by ITO now
so in terms of instruction no 13/2006 dt 22-12-2006 the assessee will have to first apply to CIT for condonation of delay
there are other conditions also for entertainment of claim which are as under
The powers of acceptance/rejection within the monetary limits delegated to the CCsIT/CsIT would be subject to the following conditions:
(i) The refund has arisen as a result of excess tax deducted/collected at source and payments of advance tax under the provisions of Chapters XVII B, XVII BB and XVII C respectively and the amount of refund does not exceed Rs. 50,00,000 in respect of CCsIT and Rs. 10,00,000 in respect of CsIT for any one assessment year;
(ii) The income of the assessee is not assessable in the hands of any other person under any of the provisions of the Act; and
(iii) No interest will be admissible on the belated refund claims.
CA MANOJ GUPTA
JODHPUR
09828510543