SEO Sai Gr. Hosp.
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Joined July 2016
if the taxpayer has tax refund pending or wish to carry forward his losses and missed the deadline of filing of tax returns, then he can file an application u/s. 119(2)(b) of IT act. to the Income tax Joint commissioner or the prescribed authority.
The time limit to file such application is six years from the end of the assessment year for filing the return.
The power to condone a delay has been delegated to various authorities as follows:
Such an application will be examined for acceptance/ rejection by the authority, based on the following criteria:
a) The claim is correct and genuine;
b) There is a case of genuine hardship on merits;
c) Income is not assessable in the hands of any other person under the Income-tax Act;
d) The refund has arisen as a result of excess tax deducted or tax collected at source, advance tax or selfassessment tax.
Authorities have been empowered to direct the jurisdictional Tax Officer to make necessary inquiry or scrutiny to ascertain the correctness of the claim.
Taxpayers can claim an additional refund even after completion of the assessment.
No interest would be admissible in case of belated claim of refunds.
The application should be ideally disposed of by the authorities within six months from the end of the month in which the application was received.
Read ::: 2015/06/CBDT_Circular_9_2015_condonation.