Government
of India
Ministry
of Finance
Department
of Revenue
Central
Board of Direct Taxes
Room
No. 281, Hotel Samrat
Kautilya
Marg, Chanakya Puri
New
Delhi – 110021
Telefax
: 011-24101573
Mail
– Salil.mishra@nic.in
New
Delhi, 29th January 2016
OFFICE
MEMORANDUM
Sub : Issue of refunds – procedure
to be followed in other cases where notice under Section 245 has been issued
for ITRs processed in F.Y. 15-16-regarding
I am directed to refer to the Board O.M. of even number dated 14th
January 2016 regarding issue of refunds upto ₹ 5000/-, and refunds
in cases where outstanding arrears are upt ₹ 5000/-, without any adjustment of
outstanding arrears.
2. In this regard, I am
further directed to convey the decision of the Board that following procedure
is to be adopted in other cases, which are not covered by the aforementioned
relaxation, and where notice under Section 245 has been issued to the taxpayer
: –
a) In cases where that tax payer has
contested the demand, CPC would issue a reminder to the jurisdictional
Assessing Officers about the contention of the taxpayer, asking them to either
confirm, or make appropriate changes, to the demand, within thirty days. In
case no response is received from the jurisdictional Assessing Officer, within
the stipulated period of thirty days, CPC would issue the refund without any
adjustment. The responsibility of non-adjustment of refund against outstanding
arrears, if any, would lie with the Assessing Officer.
b) In cases where there is no
response from the taxpayer, CPC would issue a reminder to the taxpayer, asking
to either agree or disagree with the demand, and submit response on the
e-filling portal, within thirty days. In case no response is received from the
taxpayer, within the stipulated period of thirty day, CPC would adjust the
demand, along with applicable interest u/s 220(2), against the refund due and
issue the balance refund, if any, to the taxpayer.
3. In view of above, it is
requested that all Assessing Officers in your region may kindly be directed to
follow the aforementioned procedure in respect of pending refund cases, not
covered by the earlier OM dated 14th January 2016.
4. This issues with the
approval of Chairman, CBDT.
Yours
faithfully,
(Salil
Mishra)
Director
(OT&WT)
All Principal Chief Commissioners of
Income Tax
Copy to : –
1. All Members of the Board
for kind information
2. The Pr. Director General of
Income Tax (Systems)
3. Database Cell for placing
the O.M. on the website.
(Salil
Mishra)
Director
(OT&WT)
- See more at:
http://taxguru.in/income-tax/procedure-adjustment-demand-income-tax-refund.html#sthash.WcedBV02.dpuf
