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Who is entitled to a refund Any person who satisfies the Assessing Officer that the amount of tax paid by him or on his behalf ; or treated as paid by him or on his behalf , for any assessment year exceeds the amount with which he is properly chargeable under the Income-tax Act for that year shall be entitled to a refund of the excess amount.
Who can claim refund Normally only the assessee is entitled to claim refund. However, in the following cases the refund can be claimed by a person other than the assessee :-
Procedure for claiming refund
Every claim for refund should be made in the prescribed form i.e. Form No. 30 and it should be verified in the prescribed manner. The claim of refund should be made within one year from the last day of the relevant assessment year.The delay in filling the claim may be condoned by the Assessing Officer and the claim may be disposed off according to merits, under certain circumstances.
Refund on appeal
Power to withhold refund Where refund of any amount becomes due to the assessee as a result of an order under the Income-tax Act or under the provisions of Section 143(1) on the basis of the return of income, the Assessing Officer may withhold the refund till such time as the Commissioner of Income Tax may determine, if he is of the opinion that grant of refund is likely to adversely affect the revenue.
Set off of refund
If any tax or any other demand is outstanding against the assessee for any assessment year, the Assessing Officer has the power to set off the refund due to the assessee against such tax/demand after giving due intimation to him.
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