one of the client a senior citizen had gone for appeal against commissioner order to ITAT and won the case and refund granted for the tax amount paid.
for getting the refund from department, as per the learned members advice we had given both online request through mail and offline request through TAPAL section. but after one year of winning the case the appeal effect not given by AO. no of mails have been sent and also grievance raised in IT PORTAL. but no use till now.
is there any other way to get this refund?
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Refund after winning appeal in ITAT
Replies (1)
Hi Sreevidhya,
In cases where a taxpayer has won an appeal in ITAT but the Assessing Officer (AO) delays giving effect to the order and releasing the refund, here are some practical steps you can take:
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Send a Legal Notice to the AO/Department:
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Draft a formal legal notice requesting the refund as per the ITAT order and demanding compliance within a stipulated time frame. Sometimes a legal notice can prompt faster action.
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File a Writ Petition in the High Court:
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If repeated reminders and grievances on the IT portal do not yield results, the taxpayer can approach the High Court through a writ petition (usually under Article 226 for violation of fundamental rights including the right to timely refund).
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Approach the Commissioner of Income Tax (Appeals) or Principal Commissioner:
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File a complaint with the higher authority in the Income Tax department requesting intervention for early refund release.
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RTI Application:
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File an RTI to find out the exact status and reasons for delay in processing the refund.
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Seek Assistance from Tax Ombudsman:
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The Income Tax Ombudsman can be approached for grievance redressal if department officers are not cooperating.
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Additional Points:
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Keep all communications (emails, legal notices, grievance receipts) documented.
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Make sure the refund claim was correctly filed and followed up with the relevant documents as required.
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Sometimes delays happen due to procedural issues or verification requirements; try to clarify the bottleneck through RTI or direct communication.
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