TaxTMI 
TaxTMI 
Earlier instructions on belated refund claims
X X X X Extracts X X X X
X X X X Extracts X X X X
....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 excess advance tax payment in respect of assessment year under the provisions of section 208 of the Income-tax Act, 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) t....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 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. Judicial analysis Explained in - The above circular was relied on in Balram Kapoor v. ITO [1990] 38 TTJ (Nag.) 295, with the following observations : "In the present case, the refund arises on a proper assessment of total income and proper application of the provisions of the Act which require that the tax deducted at source should be adjusted against the finally determined tax liability. This is precisely what the Board had in mind when it issued the Circular dated 6th February, 1988. The conditions prescribed by the Board contained in para 2 of the said circular are as under : &nb....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ed : (i) the refund arising as a result of tax deducted at source in respect of the assessment year under the provisions of sections 192, 193, 194, 194A, 194B, 194C, 194D and 195 does not exceed Rs. 1,000; (ii) the refund 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, e.g., a claim for additional amount of refund after the completion of the original assessment for the same assessment year; and (iv) the income of the assessee if not assessable in the hands of any other person under any provisions of the Act. 2. This order has been made effective from April 2, 1984. 3. You are request....
X X X X Extracts X X X X
X X X X Extracts X X X X
....me assessment year; and (iv) the income of the assessee is not assessable in the hands of any other person under any provisions of the Act. 2. This order will be effective from April 2, 1984 Clarification 4 1. Attention is invited to Board's Order F. No. 225/105/83-IT (A-II), dated 24-3-1984 whereby the Board, in exercise of the powers conferred by clause (b) of sub-section (2) of section 119 authorised the Income-tax Officers to admit belated refund claims under section 237 in respect of amount up to Rs. 1,000 in cases where refund arose as a result of tax deducted at source under sections 192 to 194, section 194A, and section 195 provided the conditions laid down in the said order were fulfilled. This order was effective....