According to the section 237 if any person satisfies the AssessingOfficer that the amount of tax paid by him or on his behalf or treated as paid by him or on his behalf for any assessment year exceeds the amount with which he is properly chargeable under the Act for that year, he shall be entitled to a refund of such excess payment of tax.
Persons entitled to claim refund:
According to the section 238 the following persons are entitled to claim refund of excess payment of tax:
(a) Generally the person making such excess payment is entitled to claim refund;
(b) Where the income of one person is included under sections 60 to 64, the latter person is entitled to claim refund;
(c) Where through death, incapacity, insolvency, liquidation or other cause, a person is unable to claim or receive any refund due to him, his legal representative or the trustee or guardian or receiver, as the case may be, is entitled to claim or receive such refund for the benefit of such person or his estate.
(d) Where the value of fringe benefits provided or deemed to be provided by one employer is included under sections 115w to 115wl in the value of fringe benefits provided or deemed to be provided by any other employer, the latter shall be entitled to refund.
Claim for refund- how and when [Sec 239 and Rule 41]:
(a) Claim for refund of tax shall be made in Form No. 30 and verified in the prescribed manner.
(b) Such claim shall be made within one year from the last day of the assessment year for which such refund is due to the assessee.
(c) The claim shall be accompanied by the return of income in the form prescribed under section 139 unless the claimant has already made such a return to the Assessing Officer.
(d) Where any part of the total income of a person making a claim for refund of tax consists of dividends or any other income from which tax has been deducted under the provisions of sections 192 to 194, section 194A and section 195, the claim shall be accompanied by Form No. 16/16A.
(e) The claim may be presented by the claimant in person or through a duly authorized agent or may be sent by post.
(f) No application for refund is required to be made when such refund becomes due to the assessee as a result of any order passed in appeal, revision and reassessment.
Refund claim after the statutory time limit
Where an otherwise valid refund claim under section 237 is filed by an assessee after the expiry of the statutory time limit prescribed under section 239, the AssessingOfficer, having jurisdiction over the case, may admit the said refund claim and dispose of the same on merits and in accordance with law provided the following conditions are satisfied:
(a) The refund has arisen as a result of excess tax deducted or collected at source, and payments of advance tax and the amount of refund does not exceed50 lakh for one assessment year;
(b) The income of the assessee is not assessable in the hands of any other person under any of the provisions of the Act;
(c) No interest will be admissible on the belated refund claims;
(d) No claims under this provision will be entertained where a period of more than 6 assessment years has elapsed.
Source : Etaxindia
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