Guidelines for admitting belated refund claims. - Income Tax - 1795/CBDT

INSTRUCTION NO. 1795/CBDT Dated: August 17, 1988 I am directed to refer to the general order passed by the Board in exercise of the powers conferred on it under section 119(2)(b) of the Income-tax Act vide Board's Order F.No.225/201/87-ITA.II dated 17.7.88 by which the Assessing Officers can admit belated refund claims u/s 237 of the Income-tax Act even in cases where refund may arise as a result of excess Advance tax payments. This order is effective from 1.8.88. 2. Board have decided that in such cases i. where the refund is less than Rs.1,000/- the Assessing Officer shall obtain prior approval of Commissioner of Income-tax before entertaining a belated refund claim. ii. where the refund exceeds Rs.1000 but does not exceed Rs.10,000, the Assessing Officer shall obtain prior approval of Chief Commissioner or Director General of Income-tax before entertaining a belated refund claim. The Chief Commissioner, Director General or Commissioner of Income-tax, as the case may be, will have administrative control over such cases and shall ensure that the conditions laid down under Board's order under section 119(2)(b) referred to above are fulfilled. 3. The above instructions may please be brought to the notice of the officers working under you. 4. Hindi version of this letter follows shortly.