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New CBDT Guidelines for Handling Delayed Income Tax Refund Claims

The Central Board of Direct Taxes (CBDT) has introduced new rules for condoning delays in filing income tax returns (ITRs) for claiming refunds or carrying forward losses. Effective from October 1, 2024, these guidelines aim to simplify the process for taxpayers who missed deadlines but wish to claim refunds or losses.

Decision-Making Power Based on Claim Amounts

The authority to accept or reject refund claims is divided based on the claim amounts:

  • Claims up to ₹1 crore: Handled by Principal Commissioners of Income Tax (Pr. CsIT).
  • Claims between ₹1 crore and ₹3 crore: Managed by Chief Commissioners of Income Tax (CCsIT).
  • Claims exceeding ₹3 crore: Processed by Principal Chief Commissioners of Income Tax (Pr. CCsIT).

Bengaluru’s Central Processing Centre (CPC) is also empowered to process applications for delayed ITR-V verification.

Time Limits for Filing Condonation Applications

Taxpayers must file condonation applications within five years from the end of the relevant assessment year. This applies to applications submitted after October 1, 2024.

Processing Time and Key Conditions

Authorities are required to aim for processing these applications within six months. For approval, taxpayers must present a genuine reason for the delay and demonstrate that they faced hardship. The authorities may also investigate further if necessary.

Special Cases

  • Court-ordered Refunds: The five-year limit excludes the period during which the case was pending in court. Taxpayers have six months from the court ruling to apply for condonation.
  • Supplementary Refunds: Additional refund claims post-assessment are also considered under these rules.

No Interest on Late Refund Claims

Taxpayers filing for delayed refunds should note that no interest will be paid on the refunded amount.

Conclusion

The new guidelines stress the importance of timely filing. Taxpayers who face delays should understand the new rules and ensure compliance to avoid missing out on refunds. Consulting a tax professional is highly recommended for navigating these changes effectively.

Frequently Asked Questions

Claims are approved by Principal Commissioners for amounts up to ₹1 crore, Chief Commissioners for amounts between ₹1 crore and ₹3 crore, and Principal Chief Commissioners for claims exceeding ₹3 crore.
Taxpayers must file their applications within five years from the end of the relevant assessment year.
Taxpayers need to demonstrate valid reasons for the delay and show that they faced hardships.
The five-year limit does not include the time the case was pending in court, and taxpayers have six months from the court decision to apply for condonation.
No, interest will not be paid on any delayed refund claims.
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The Tax Heaven

Mr.Vishwas Agarwal✍📊, a seasoned Chartered Accountant 📈💼 and the co-founder & CEO of THE TAX HEAVEN, brings 10 years of expertise in financial management and taxation. Specializing in ITR filing 📑🗃, GST returns 📈💼, and income tax advisory. He offers astute financial guidance and compliance solutions to individuals and businesses alike. Their passion for simplifying complex financial concepts into actionable insights empowers readers with valuable knowledge for informed decision-making. Through insightful blog content, he aims to demystify financial complexities, offering practical advice and tips to navigate the intricate world of finance and taxation.

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