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Condonation of delay in filing refund claim and claim of carry forward of losses under Section 119(2)(b) of the I.T. Act

Income tax Expert by Income tax Expert
June 5, 2023
in Income Tax News
0
Last opportunity to file Income tax return for F.Y. 2018-19 | Belated return u/s 139(4) of the Income tax Act
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CBDT has vide circular no. 07/2023 Dt. 31.05.2023 has increased the limits of respective authority to approve/ reject the condonation application for filing refund or claim of losses.

 

Circular No. 09 of 2015 (the Circular) dated 09-06-2015 in F. No. 312/22/2015-0T by Central Board of Direct Taxes (the Board) was issued in supersession of all earlier Instructions/ Circulars/ Guidelines. The Circular prescribed comprehensive guidelines on the conditions and procedure to be followed for deciding applications for condonation of delay in filing Returns of Income (ROI) claiming refund and ROI claiming carry forward of loss and set-off thereof under section 119(2)(b) of the Income-tax Act, 1961.

 

2. On consideration, the monetary limits specified in Para No. 2 of the Circular are modified as under:
(i) The Principal Commissioners of Income-tax/Commissioners of Income-tax (Pr. CsIT /CsIT) shall be vested with the powers of acceptance/rejection of such applications/ claims if the amount of such claims is not more than Rs. 50 lakhs for anyone assessment year.

(ii) The Chief Commissioners of Income-tax (CCsIT) shall be vested with the powers of acceptance/rejection of such applications/claims if the amount of such claims exceeds Rs. 50 lakhs but is not more than Rs. 2 crores for any one assessment year.

(iii) The Principal Chief Commissioners of Income-tax (Pr. CCsIT) shall be vested with the powers of acceptance/rejection of such applications/claims if
the amount of such claims exceeds Rs. 2 crores but is not more than Rs. 3 crores for anyone assessment year.

(iv) The applications/claims for amounts exceeding Rs. 3 crores shall be considered by the Board.

 

3. The above revised monetary limits for applications/ claims in respect of the competent authorities specified hereinabove shall be applicable to the
applications/ claims filed on and after 01-06-2023.

 

4. The other guidelines prescribed in Circular No. 09 of 2015 dated 09-06-2015 shall remain unchanged.

 

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