Appeal effect not given by AO.. REFUND DELAYING

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Sreevidhya V

335 Points Posted on 16 November 2022

one of the client a senior citizen had gone for appeal against commissioner order to ITAT and won the case and refund granted for the tax amount paid.
for getting the refund from department, as per the learned members advice we had given both online request through mail and offline request through TAPAL section. but after one year of winning the case the appeal effect not given by AO. no of mails have been sent and also grievance raised in IT PORTAL. but no use till now.
is there any other way to get this refund?

Replies (4)

Quick Summary

A client won an appeal against a commissioner's order, but the tax department's Assessing Officer (AO) has not processed the appeal effect, delaying their refund for over a year despite multiple online and offline requests. Suggestions include physically meeting the DCIT, referencing CBDT instructions on appeal thresholds, writing to the PMO, or considering a writ petition as a last resort. For older assessment years (pre-2008/09), patience and follow-up are advised due to system issues, and an RTI application is also recommended as a cost-effective solution.

Manoj BG

Tax Professional and in Service

1637 Points Posted on 16 November 2022

Hi Sreevidya,

I would recommend to reach out to concerned DCIT carrying all papers and get the status update. Tax office is currently running behind targets nowadays. So better to reach out to them physically and get the refund cleared from them. If DCIT told you about their intention to file appeal before high court, please note that CBDT vide instruction no. 17/2019 dated 8 August 2019 prescribed Rs. 1 crore as minimum threshold to file appeal by tax department before high court. So if original demand is less than Rs. 1 crore, department is not eligible to file appeal before high court irrespective of any reason.

Even after physical follow up if you are not getting any positive response, you can write to PMO office with all the details alongwith the follow-ups made so far. Facility is available online.

The final option available is to file a writ with high court but keep this as a last resort as involves litigation cost and routing through tax practicing advocate. Writ generally has favourable track record these days in similar cases.

Regards,

Manoj

ajeet singh

1064 Points Posted on 16 November 2022

If the year under conaideration is prior to 2008-09 ,, i suggest you pleaese have patient and follow up your AO, because the IT department is also facing issue to grant refund to a.y prior to 2008-09 because the prior order are not available into new portal.