priya (student) 27 May 2012

Tds in 05,return in 08,refund not received

Respected members, A person got tax deducted from his salary (for VRS) for AY 2004-05 and 05-06, but the returns were submitted on 10 septenber 2008. Till date refund has not been processed as told by income tax call centre. He had filed an application to AO and then an RTI application for seeking info on refunds. My questions-

Delay between return and TDS is much, can there be problem?
From which date shall interest on refund be given? return filing or respective AY beginning?
What other procedure to be taken in case refund is still not received?

Thank you

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4 Replies

priya (student) 30 May 2012

it wil be of great help if some advice could be given...

C. P. CHUGH (Practicing Lawyer) 30 May 2012

Since the returns were filed after the due date for filling of returns has already expired, these returns will be treated as Non-est and invalid. Hence it would neither be processed nor any refund issued. The correct procedure to claim belated refunds is that the assessee has to make an application to the Commissioner of income-tax of the area in which the assessee is having his jurisdiction by virtue of PAN requesting him to accept the belated returns and allow refund. CIT may, after making such enquiries, as he thinks fit, allow and grant refund to the assessee.

priya (student) 01 June 2012

I read the section 119(2)(b) and circular 670, they say that CIT can condone delay (1lakh rs refund) after certain conditions but only past 6 years can be claimed. Assessee also submitted an application to AO on sept2009 to process the refund based on such returns. Now since it has been more than 6 years can he apply to CIT for condonation? or

priya (student) 01 June 2012

I read the section 119(2)(b) and circular 670, they say that CIT can condone delay (1lakh rs refund) after certain conditions but only past 6 years can be claimed. Assessee also submitted an application to AO on sept2009 (he has acknowledgement) to process the refund based on such returns. Now since it has been more than 6 years can he apply to CIT for condonation? or