My question is
I have filed an belated Income tax return of AY 07-08 with no claims. Subsequent to my filing the return certain rules were amended by Government/ department. My employers accordingly issued a revised form 16. Since the revision was due to government amendment I filed a revised return claiming a refund.. No intimation was received till 2 years . We started writing to all concerned including Chief Commissioner but still received no reply
Then we filed a grievance through IT ombudsman. We did not receive any reply. On following up we were told that a letter was sent to my old address asking for my original ,return, revised return form 16 etc. We asked for a copy of letter but was refused as per my IT advisor. However they gave a ref no and furnished all the document asked for. They kept us assuring that they will issue the refund shortly but did not respond till july. we then wrote aletter but no effect.
Ultimately I filed an RTI asking for details. Within a week receiving the RTI i received a letter Rejecting the claim. The reson given is
" Becuse Original file return was belated our revised return is not permitted as per income tax rule hence my
Claim was not tenable"
My question is the revised return was filed because of an government action not because any error or omission on my part. In case the situation would have reversed ie. if i had to pay tax then would the department made avdemand. If so how they are refusing my claim as it is resulting from their action.
I would seek your expert opinion if my claim is legally tenanle. I would request for your help urgently as i have to file an appeal