REFUND OF TAXES
When a person pays a tax (either in the form of advance tax or self assessment tax more than the amount required during the year then he shall be entitled to a refund of excess amount of tax paid by him.
In normal course, the person who pays tax shall be entitled to claim refund of tax paid by him . However section 238 specifies special cases where refund of taxes can be claimed by others also: –
- Where the income of one person is included in the total income of another person under any provision of the Act (i.e., as per the clubbing provisions, e.g., income of minor child clubbed with the income of parent), the latter shall be entitled to a refund in respect of the clubbed income.
- Where through death, incapacity, insolvency, liquidation or other cause, a person is unable to claim or receive any refund due to him, his legal representative or the trustee or guardian or receiver (as the case may be), shall be entitled to claim or receive such refund for the benefit of such person or his estate.
A person in normal course can claim refund in return of income itself and no special form is required. However, in special cases “Form No. 30” is required to claim such refund.
Whether Interest is payable on delayed refund ?
Ans. Section 244A defines two conditions under which interest is granted which are as follows:
- Where the refund is due to excess TDS / TCS deducted or collected or by way of advance tax, then the taxpayer shall be entitled to interest calculated at the rate of 0.5% for every month or part of a month commencing from the 1st day of April of the assessment to the refund payment date.
- Where the refund is due to other reason interest shall be calculated at the rate of 0.5% for every month or part of a month. Interest in such a case shall be allowed for a period commencing from the date of payment of the tax or penalty to the date on which the refund is granted. The expression “date of payment of tax or penalty” means the date on and from which the amount of tax or penalty specified in the notice of demand issued under section 156 is paid in excess of such demand.
However, no interest shall be granted in case following conditions are satisfied: –
- if the proceedings resulting in the refund are delayed for the reasons attributable to the taxpayer (whether wholly or in part). In such a case, the period of the delay so attributable to him shall be excluded from the period for which interest is payable; or
- if the amount of refund is less than 10% of the tax as determined under section 143(1) or tax determined under regular assessment.
All About Refund of Taxes
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