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Case lawCirculars1988 › Circular No. 503
CBDT circular 6 February 1988

Circular No. 503

Instructions to subordinate authorities - Authorisation regard­ing condonation of delay in filing refund claim

What this is

Circular No. 503 was issued by the Central Board of Direct Taxes on 6 February 1988. Its subject is Instructions to subordinate authorities - Authorisation regard­ing condonation of delay in filing refund claim.

This is a condonation. It lets an authority admit something filed late; it does not make the late filing timely, and it usually carries conditions and an outer limit of its own.

What it does

Raises to Rs. 10,000 the belated refund claim an Income-tax Officer may himself admit. Following the Board's order under section 119(2)(b) dated 5 February 1988, Income-tax Officers are authorised to admit belated refund claims under section 237 up to Rs. 10,000, on the conditions in that order: the refund must arise from tax deducted at source under sections 192, 193, 194, 194A, 194B, 194C, 194D and 195 and must not exceed Rs. 10,000; the returned income must not be a loss where the assessee claims carry forward; the claim must not be supplementary, that is an additional refund claimed after the original assessment for the same year is complete; and the income must not be assessable in another person's hands. The authorisation takes effect from 10 February 1988.

Why it was issued

The Board raised the monetary limit to avoid hardship to taxpayers who had missed the time limit for a refund claim.

Who it reaches

The provisions it speaks to

Left, the provision of the Income-tax Act, 1961 as the instrument itself names it. Right, the section of the Income-tax Act, 2025 that the department’s own concordance maps it to — which is where the same ground is now covered.
Under the 1961 ActNow
s.119s.239
s.192s.392, s.402
s.237s.431

The instrument, as the Board published it

The words below are the department’s own, reproduced from its published text. Where the department’s copy carried a publisher’s notes after the instrument, those are not reproduced.

Instructions to subordinate authorities - Authorisation regard­ing condonation of delay in filing refund claim

1. Attention is invited to the Board’s Order under section 119(2)(b) [F. No. 225/201/87-IT(A-II)], dated 5-2-1988 whereby the Board, in exercise of the powers conferred by clause (b) of sub-section (2) of section 119, have raised the monetary limit of cases in which the ITO is authorised to admit belated refund claims under section 237.
2. With a view to avoid hardship to the taxpayers, the Income-tax 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 tax deducted at source in respect of assessment year under the provisions of sections 192, 193, 194, 194A, 194B, 194C, 194D and 195 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 assessee is not assessable in the hands of any other person under any provisions of the Act.
3. This order will be effective from 10-2-1988.
Circular : No. 503 [F. No. 203/201/87-IT (A-II)], dated 6-2-1988.

What to watch

Where you meet it

In a petition to admit a belated refund claim where salary or contract tax was deducted and no return was filed in time.

On the same provision

Other instruments in this library that name the same provision of the 1961 Act. They are not necessarily still operative, and a later one may have replaced an earlier one without saying so.

← Circular No. 504  ·  Circular No. 502 →

A circular binds the department, not you and not a court. The Board issues a circular to its own officers. An assessee may hold the department to a circular that helps him; the department cannot hold an assessee to one that hurts him, and the Tribunal and the courts decide the law for themselves.

Source: the Income Tax Department’s own published text — its page for this instrument.