Order under section 119(2)(b) of the Income-tax Act, 1961-Condonation of delay in filing refund claims-Authorisation to the Assessing Officers - Income Tax - 521/1988

Order under section 119(2)(b) of the Income-tax Act, 1961-Condonation of delay in filing refund claims-Authorisation to the Assessing Officers Circular No. 521 Dated 17/8/1988 To All Chief Commissioners Sir, Subject: Order under section 119(2)(b) of the Income-tax Act, 1961-Condonation of delay in filing refund claims-Authorisation to the Assessing Officers. Attention is invited to Board's order under section 119(2)(b) of the Income-tax (F. No. 225/201/87-ITA II) dated 7-8-88 whereby the Board, in exercise of the powers conferred by clause (b) of sub-section (2) of section 119 of the Income-tax Act, 1961, have authorised the Income-tax Officer to admit belated refund claims under section 237 of the Income-tax Act, 1961, arising as a result of excess advance tax paid. 2. With a view to avoid genuine hardship to the tax-payers, Assessing Officers have now been authorised to admit belated refund claims in respect of amounts up to Rs. 10,000 provided the conditions laid down in the said order are fulfilled. These conditions are as follows:- (i) the refund arising as a result of excess advance tax payment in respect of assessment year under the provisions of section 208 of the Income-tax Act, does not exceed Rs. 10,000. (ii) the returned income is not a loss, where the assessee claims the benefit of carry forward of the loss; (iii) the refund claimed is not supplementary in nature i.e. a claim for additional amount of refund after the completion of the original assessment for the same assessment year; and (iv) the income of the assessee is not assessable in the hands of any other person under any provisions of the Act. 3. This order will be effective from 1-8-88. 4. Hindi version will follow shortly. Yours faithfully, (Sd.) Roshan Sahay, Under Secretary, Central Board of Direct Taxes.