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Time limit under section 119(2)(b) of ITA for AY 2019-20

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The leave encashment on retirement exemption limit is since raised from 3 lacs to 25 lacs from 01/04/2023.  But various income tax tribunals have decided  to apply this provision for earlier Assessment years also.  

I too want to claim refund of income tax paid in excess of 3,00,000 of leave encashment for AY 2019-20 by seeking condonation request from CIT under 119(2)(b).

My query is under:

1) Whether I can file condonation request now because sixth year after close of AY 2019-20 is running now.  CBDT has reduced time limit from 6 years to 5 years wef October 2024. Whether time limit of 5 or 6 years will be applicable in my case.

2) If can file now, whether application can be sent directly to Commissioner of Income tax or through my juridictional AO only.

Replies (1)

Since the sixth year after the close of AY 2019-20 is running now, the reduced 5 -year limit applies, and the request is admissible if filed within this period 

The application under section 119(2)(b) should be filed through your jurisdictional assessing officer (AO). The commissioner of INcome Tax (CIT) generally processes such requests only after they are forwarded by the AO with his recommendations. 


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