Register for applications of provisional refund. - Income Tax - 1611/CBDT

INSTRUCTION NO. 1611/CBDT Dated: April 2, 1985 Reference is invited to Board's Instruction No. 755(F.No.236/34/73-A PAC) dated 5-9-74 Subsequent Instruction No.1078(F.No.236/136/76-A PAC) dated 22nd July, 1977 on the above subject. These instructions were issued because a number of instances were brought to the notice of the board where provisional assessment u/s.141 A had been made in appropriate cases resulting in avoidable payment in interest u/s.214. 2. Instruction No. 1078 laid down that all applications for provisional refund and all returns with incomes of over Rs.50,000 should be entered in a register on receipt. This register should be scrutinised periodically by the ITO and if he is of the opinion that regular astt, is not likely to be made within 6 months of filing of the return he should make a provisional assessment and grant refund unless he is satisfied that the refund should be withheld u/s.241. 3. It has been decided to modify the criteria laid down in Instruction No.1078 for the maintenance of the register in order to ensure that all cases wherein provisional assessment are called for are attended to promptly. Besides applications for provisional refunds, all returns where the tax paid or deemed or to be paid under chapter XVVII B or chapter XVII C exceeds the tax payable on the basis of the return by Rs.10,000 or more should henceforth be entered in the prescribed register as and when the returns are received. The present instructions laying down the procedure for dealing with cases of provisional refunds remain unaltered. The columns in the register presently prescribed may be modified suitably. 4. The instructions may kindly be brought to the notice of all officers working in your charge.