F.No.3 12/22/2015-01
Government ot'India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
Dated: 9th June, 2015
Subject: Condonation of delay in filing refund claim and claim of carry forward of losses under
Section I I9(2)(b) of the Income-tax Act
In supersession of all earlier Instructions/Circulars/Guidelines issued by the Central
Board of Direct Taxes (the Board) from time to time to deal with the applications for
condonation of delay in tiling returns claiming refund and returns claiming carry forward of
loss and set-off thereof under section 119(2)(b) of the Income-tax Act( the Act), the present
Circular is being issued containing comprehensive guidelines on the conditions for condonation
and the procedure to be followed for deciding such matters.
2. The Principal Commissioners of Income-tax/Comm ss oners of Income-tax
(Pr.CsIT/CsIT) shall be vested with the powers of acceptance/rejection of such
applications/claims if the amount of such claims is not more than ZI0 lakhs for any one
assessment year The Principal Chief Commissioners of Income-tax/Chief Commissioners of
Income-tax (PLCCsIT/CCsIT) shall be vested with the powers of acceptance/rejection of such
applications/claims if the amount of such claims exceeds ZIO lakhs but is not inure than Z50
lakhs for any one assessment year. The applications/claims for amount exceeding Rs.50 lakhs
shall be considered by the Board.
3. No condonation application for claim of refund/loss shall be entertained beyond six years
from the end of the assessment year for which such application/claim is made. This limit of six
years shall be applicable to all authorities having powers to condone the delay as per the above
prescribed monetary limits, including the Board. A condonation application should be disposed
of within six months from the end of the month in which the application is received by the
competent authority, as far as possible.
4. In a case where refund claim has arisen consequent to a Court order, the period for which
any such proceedings were pending before any Court of Law shall be ignored while calculating
the said period of six years, provided such condonation application is filed within six months
from the end of the month in which the Coon order was issued or the end of financial year
whichever is later.
Contd..
5. The powers of acceptance/rejection of the application within the monetary limits
delegated to the Pr.CCsIT/CCsIT/Pr.CsITICsIT in case of such claims will be subject to
following conditions:
At the time of considering the case under Section I I9(2)(b), it shall be ensured
that the income/loss declared and /or refund claimed is correct and genuine and
also that the case is of genuine hardship on merits.
The Pr.CCIT/CCIT/Pr.CIT/C1T dealing with the case shall be empowered to
direct the jurisdictional assessing officer to make necessary inquiries or scrutinize
the case in accordance with the provisions of the Act to ascertain the correctness
of the claim.
6. A belated application for supplementary claim of refund (claim of additional amount of
refund after completion of assessment for the same year) can be admitted for condonation
provided other conditions as referred above are fulfilled. The powers of acceptance/rejection
within the monetary limits delegated to the Pr.CCsIT/CCsIT/Pr.CsIT/CsIT in case of returns
claiming refund and supplementary claim of refund would be subject to the following further
conditions;
i.
The income of the assessce is not assessable in the hands of any other person under any
of the provisions of the Act.
ii.
No interest will be admissible on belated claim of refunds.
iii.
The refund has arisen as a result of excess tax deducted/collected at source and/or excess
advance tax payment and/or excess payment of self•assessment lax as per the provisions
of the Act.
7. In the case of an applicant who has made investment in 8% Savings (Taxable) Bonds,
2003 issued by Government of India opting for scheme of cumulative interest on maturity but
has accounted interest earned on mercantile basis and the intermediary bank at the time of
maturity has deducted tax at source on the entire amount of interest paid without apportioning
the accrued interest/TDS, over various financial years involved, the time limit of six years for
making such refund claims will not be applicable.
8. This circular will cover all such applications/claims for condonation of delay under
section I 19(2Xb) which are pending as on the date of issue of the Circular.
Contd...
9. The Board reserves the power to examine any grievance arising out of an order passed or
not passed by the authorities mentioned in para 2 above and issue suitable directions to them for
proper implementation of this Circular. However, no review of or appeal against the orders of
such authorities would be entertained by the Board.
(Ek
Deputy Secretary to Gove m 0 India
Copy to:
1.
The Chairperson, Members and all officers of CBDT of the rank of Under Secretary &
above
2.
All Pr.CCAT/CCsIT/Pr.DGsIT/DGsIT for circulation in their region
3.
Data base cell for uploading on IRS website
4.
ITCC Section, CBDT
5.
DIT(PR,PP&OL) for printing in the quarterly tax bulletin and for circulation as per usual
mailing list (100 copies)
6.
C&AG of India (40 copies)
7.
Guard File
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PFA.
Full Judgment also.
Shah D J
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