application u/s 119(2)b

[rushi patel]

Please guide me in making application u/s 119(2)b. I want to know where to submit the application, if i m having refund of 8000.00 RS. I know i have to give application to CIT, but where and how? Hope a positive reply from you. thank you

[DR.MARIAPPAN GOVINDARAJAN]

Dear Sir,

What is your query? Correctly tell the same. Section 119(2)(b) of Income Tax Act, as mentioned by you deals with Instructions to subordinate officers.
 

[rushi patel]

I had filled my ROI for A.Y. 2009-10 showing NIL income. Recently i found the form 16A showing refund of 8000.00 RS. So u/s 119(2)(b) i can give application to CIT for revising the retrn to claim refund of 8000.00

[DR.MARIAPPAN GOVINDARAJAN]

Dear Sir,

Revised return may be filed only if the mistake is bonafide. Your mistake is bona fide one. As per Section 139(5) of the Income Tax Act, 1961 the revised return can be filed before the expiry of one year from the end of the relevant assessment year or before the completion of assessment year, whichever is earlier. In your case the limitation period is over. In my view you cannot claim the refund,

AI Summary

Revised return limitation bars late refund claims when statutory filing periods have expired for taxpayers seeking corrections. A taxpayer sought to use Section 119(2)(b) to apply to the Commissioner for revision of a return to claim a discovered refund. Revision of a return is permissible for a bona fide mistake but is constrained by the statutory filing period for revised returns (generally before one year from the end of the relevant assessment year or before completion of assessment, whichever is earlier). The adviser concluded the limitation period had expired, so the refund could not be claimed by filing a revised return.