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Case lawCirculars2011 › Circular No. 6/2011
CBDT circular 24 August 2011

Circular No. 6/2011

Section 200A of the Income-tax Act, 1961 - Deduction of TAX at Source - Processing of Statement of TAX Deducted at Source - Procedure for Regulating Refund of Excess Amount of TDS Deducted And/or Paid - Modification of Circular No. 2/2011, Dated 27-4-2011

What this is

Circular No. 6/2011 was issued by the Central Board of Direct Taxes on 24 August 2011. Its subject is Section 200A of the Income-tax Act, 1961 - Deduction of TAX at Source - Processing of Statement of TAX Deducted at Source - Procedure for Regulating Refund of Excess Amount of TDS Deducted And/or Paid - Modification of Circular No. 2/2011, Dated 27-4-2011.

What it does

Opens a window for old refund claims under the procedure for refunding excess tax deducted or paid. In partial modification of Circular No. 2/2011 dated 27 April 2011, words are added at the end of paragraph 4.2 of that circular allowing refund claims relating to the period up to 31 March 2009 to be made to the Assessing Officer (TDS) up to 31 December 2012.

Why it was issued

The circular records no reason beyond the modification itself.

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.200As.399, s.402

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.

SECTION 200A OF THE INCOME-TAX ACT, 1961 - DEDUCTION OF TAX AT SOURCE - PROCESSING OF STATEMENT OF TAX DEDUCTED AT SOURCE - PROCEDURE FOR REGULATING REFUND OF EXCESS AMOUNT OF TDS DEDUCTED AND/OR PAID - MODIFICATION OF CIRCULAR NO. 2/2011, DATED 27-4-2011
CIRCULAR NO. 6/2011, DATED 24-8-2011
In partial modification of Circular No. 2/2011, dated 27-4-2011, the following words are added at the end of paragraph 4.2 of the said circular.
"However, the refund claims pertaining to the period upto March 31, 2009 may be submitted to the Assessing Officer (TDS) upto 31-12-2012."
2. This issues with the approval of competent authority.
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What to watch

Where you meet it

Where a deductor's claim for refund of tax paid in excess for a period before April 2009 was returned as time barred.

What it names

It mentions. Circular No. 2/2011, Circular No. 6/2011

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. 6/FT&TR/2011 [F. NO. 500/15/2011-FTD-I]  ·  Circular No. 5/2011 →

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.