Harshith sharma (32 Points)
07 August 2018
Ruchika Somani
(Coaching and Practice in Tax Audit Law.)
(4429 Points)
Replied 07 August 2018
| Originally posted by : Harshith sharma | ||
 |
can one claim refund on belated revised return for AY 2013-14 ??hoping for a quick responsesregards Harshit sharma |  |
no
SHIRISH S S
(Proprietor)
(1030 Points)
Replied 08 August 2018
ONE CANNOT FILE A REVISED RETURN U/S 139(5) FOR 13-14.
You can try your luck with your CIT through your ITO u/s 263/264
or apply article 265 of the Constitution coupled with CBDT's circular Circular No: 14 (XL-35) dated April 11, 1955 which states
"Officers of the Department must not take advantage of ignorance of an assessee as to his rights. It is one of their duties to assist a taxpayer in every reasonable way, particularly in the matter of claiming and securing reliefs and in this regard the Officers should take the initiative in guiding a taxpayer where proceedings or other particulars before them indicate that some refund or relief is due to him. This attitude would, in the long run, benefit the Department for it would inspire confidence in him that he may be sure of getting a square deal from the Department. Although, therefore, the responsibility for claiming refunds and reliefs rests with assessee on whom it is imposed by law, officers should
(a) Draw their attention to any refunds or reliefs to which they appear to be clearly entitled but which they have omitted to claim for some reason or other;
(b) Freely advise them when approached by them as to their rights and liabilities and as to the procedure to be adopted for claiming refunds and reliefs."
The above circular has been judicially noted and approved in many judgments and has been relied upon in support of the Assessees claim.
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