Instructions to subordinate authorities - Authorisation regarding condonation of delay in filing refund claim
Circular No. 670 was issued by the Central Board of Direct Taxes on 26 October 1993. 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.
Circulates the Board's order of 12 October 1993 under section 119(2)(b) and sets out how Assessing Officers are to use it. Officers may admit belated refund claims under section 237 where the refund arises from tax deducted or collected at source and advance tax payments and does not exceed Rs. 1 lakh for any assessment year. Prior approval is needed before a belated claim is entertained: from the Commissioner where the refund is Rs. 10,000 or less, and from the Chief Commissioner or Director General where it is above Rs. 10,000 but not above Rs. 1,00,000. Where a Chief Commissioner, Director General, Commissioner or Director finds the four conditions in the section 119(2)(b) order satisfied but still does not regard it as a case of genuine hardship, the application is to be referred to the Board for final decision.
The Board exercised its power under section 119(2)(b) to let genuine belated refund claims be admitted, and this circular passes the order down with the working instructions.
Instructions to subordinate authorities - Authorisation regarding condonation of delay in filing refund claim
1. I am directed to forward herewith the order contained in F. No. 225/208/93/ITA-II, dated 12th October, 1993, passed by the CBDT in exercise of the powers conferred on it under section 119(2)(b) of the Income-tax Act. By virtue of this order the Assessing Officers can admit belated refund claims under section 237 of the Income-tax Act in cases where refunds may arise as a result of tax deducted/collected at source and advance tax payments where the amount of such refund does not exceed Rs. 1 lakh for any assessment year.
2. Board have also decided that in such cases—
(i) where the refund does not exceed Rs. 10,000 for any assessment year the Assessing Officer shall obtain the prior approval of the CIT before entertaining a belated refund claim ; and
(ii) where the refund exceeds Rs. 10,000 but does not exceed Rs. 1,00,000 for any assessment year the Assessing Officer shall obtain the prior approval of CCIT of DGIT before entertaining a belated refund claim.
3. The CCIT/DGIT/CIT, as the case may be, shall ensure that the conditions laid down under Board’s order under section 119(2)(b) referred to above are fulfilled.
4. Where a Chief Commissioner of Income-tax/Director General of Income-tax/Commissioner of Income-tax/Director of Income-tax finds that the four conditions laid down in the order under section 119(2)(b ) dated 12-10-1993 are satisfied but still it is not a case of "genuine hardship", he should refer the belated refund application to the Board for final decision.
5. This order is effective from 1-11-1993 and will apply to all claims of refund pending as on that date and also in respect of all refund claims filed on or after that date.
Circular : No. 670, dated 26-10-1993.
A refund application filed beyond time for an old year, and the order of the Assessing Officer or Commissioner admitting or refusing to admit it under section 119(2)(b).
Source: the Income Tax Department’s own published text — its page for this instrument.