Appeal effect not given by AO.. REFUND DELAYING

800 views 4 replies

Sreevidhya V

444 Points Joined March 2017

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)

Manoj BG

Tax Professional and in Service

1795 Points Joined June 2009

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

1392 Points Joined July 2017

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.