Income Tax Circular No. 07/2023: Condonation of Delay in Filing of Refund & Claim of Carry Forward of Losses

Income Tax Circular No. 07/2023: Condonation of Delay in Filing of Refund & Claim of Carry Forward of Losses

Neeraj
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Income tax Circular No. 07/2023: The Central Board of Direct Taxes (CBDT) Revises monetary limits for condonation applications for claiming refund or carry forward of losses and set-off for the application filed on or after June 01, 2023, vide Circular No. 07/2023 on 31st May 2023.

Income Tax Circular No. 07/2023

F. No. 312/63/2023-0T
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes

New Delhi, dated 31st May, 2023

Subject: Condonation of delay in filing refund claim and claim of carryforward of losses under Section 119(2I1b) of the Income-tax Act, 1961

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 (RsOI) claiming refund and RsOI claiming carry forward of loss and setoff 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.

(Bedobani Chaudhuri)
Director (OT & WT)

Copy to:

1. Chairperson and Members, CBDT

2. All Pro CCsIT/CCsIT/Pr. DGsIT/DGsIT for circulation in their region.

3. All Jt. Secretaries/ CsIT / Directors/Dy. Secretaries/Under Secretaries, CBDT

4. C & AG of India

5. ADG (PR & PP) for printing in the quarterly tax bulletin and for circulation as per the usual mailing list

6. Web Manager, with a request to place the Circular on the official Income-tax website

7. JDIT, Data Base Cell for placing it on the website irsofficersonline.gov.in

8. The Guard File

Neeraj

Neeraj

CA | GST Expert | Excel & Tableau Expert Neeraj is a member of the Institute of Chartered Accountants of India. His core area is GST consultancy and its compliance. Currently, he leading a GST team in a CA Firm.

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