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FAQ on general problems in income tax return (ITR) and Refund by Dr. MK Bhatt

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It will be our pleasure to draft you FAQ based on interview of Dr. MK Bhatt, Renowned Income tax practitioner in Delhi ( Associate Member (ACS) of the Institute of Company Secretaries of India (ICSI),Law Graduate (LLB),Master of Business Administration (MBA) in Finance,He has been awarded (D.Hum) Doctorate in Humanity)

All assessee face numerous problem while filing their Income tax return but tracking their income tax refund is even more difficult .In this article you will find the solution to most of the issues you face while filing ITR or tracking for refund.

 

You can mail your queries at admin@mkbhatt.com or info@consultease.com or can ask in comment.

 

1) What I should do if I don’t receive my refund long after I filed my ITR?

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Many times it may happen that the taxpayer has paid excess tax as against the tax required to be paid by him, in such cases assessee will be eligible to claim refund of the excess tax paid by him. Sections 237 to 245 deal with the provisions relating to refund of tax. Generally refund gets credited into the bank account of the assessee within 3 to 4 months after filing return of income. In cases it gets delayed for a long time, then the claim should be made in Form No. 30. by mentioning the particulars of relevant assessment year for which refund is sought. The claim of refund is required to be made within one year form the end of assessment year. However condonation may be granted but no con-donation application for claim of refund/loss shall be entertained beyond six years from the end of the assessment year for which such application/claim is made.
2) What should I do in case my refund is returned?
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Sometimes income tax refund may get returned due to reasons like expired cheque or incorrect bank account number or bank account closed etc. In such circumstances an online request is required to be submitted on http://www.incometaxindiaefiling.gov.in/ by furnishing the CPC reference number, refund sequence number along with PAN and assessment year to which refund relates. There assessee can either amend the details of bank account, if required or may opt for paper refund. Once it is done correctly you will get the refund within due time in the mode specified.
3) Is it enough to file ITR or I need to track for assessment?
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Being an assessee, his duty is to file the return of income within due time under the purview of section 139 on Income Tax Act, 1961 w.r.t. the particular assessment year. Once the return is filed, assessee is not required to track that whether any assessment proceedings are being opened against him or not. If this happens that will be the responsibility of income tax authorities to communicate  and serve the notice of assessment opened to the assessee in the mode specified under section 282 of Income Tax Act, 1961.   
4) How can I inform the department about change in my bank account number?
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Bank account number is required to be furnished at the time of filing the return of income. The very purpose of that bank account number to credited the refund due to the assessee directly into the bank account, if due. In case you want to update the bank account number that can be done by logging into http://www.incometaxindiaefiling.gov.in/ with username and password under “Refund Reissue Request” option. And also from next time assessee may mention that very bank account in his return at the time of filing of return of income.
5) How can I inform department about change in my address?
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 Updation of Mobile Number & Email-Id :
 
That can be done by logging into http://www.incometaxindiaefiling.gov.in/ with username and password. After the user logs in to the e-filing account, the assessee can update the current Mobile number and E-mail ID. Upon submitting the details, Department would immediately send OTPs (PIN1 & PIN2) to new mobile number and Email ID. The respective PINs (PIN1 and PIN2) received through Mobile number and E-mail ID should be entered by them in the respective input fields to authenticate that the email ID and mobile are correct. Upon successful validation the Mobile number and email ID would be updated in the taxpayer’s profile and the process would be complete.
 
Updation of Communication Address :
The procedure for updation of communication address is very simple. Assessee is required to visit to income tax site http://www.incometaxindiaefiling.gov.in/  –> After login (using username and password) go to “profile setting” then select “my profile” then select “address” & then click on “edit” option & make the necessary changes. After all this just simply save the changes & it shall be deemed to  be communicated to income tax department.
6) I had given my bank account detail still I received a cheque. Why?
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Possibly you have opted for the paper refund and  not for ECS or may be bank account number provided is incorrect or any other reason while filing the return of income in the requisite form. 
7) How can I make the re-issue of cheque?
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In such circumstances an online request is required to be submitted on http://www.incometaxindiaefiling.gov.in/ by furnishing the CPC reference number, refund sequence number/cheque details along with PAN and assessment year to which refund relates. There assessee can either amend the details of bank account, if required or may opt for paper refund. Once it is done correctly, you will get the refund within due time in the mode specified.
 
8) My check was received late and it was more than 3 months. Can I receive my cheque again?
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 Yes, assessee can get the cheque again on request. In such circumstances an online request is required to be submitted on http://www.incometaxindiaefiling.gov.in/ by furnishing the CPC reference number, refund sequence number/cheque details along with PAN and assessment year to which refund relates. There assessee can either amend the details of bank account, if required or may opt for paper refund. Once it is done correctly you will get the refund within due time in the mode specified.
9) My refund is adjusted against past dues.How can I correct that?
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As per the provisions of section 245 of Income Tax Act, 1961, AO is authorized to adjust the refund(s) pending against pending demand & arrears. However a prior intimation as well as an opportunity of being heard shall be given to the assessee before making the proposed adjustment. In such case assessee is required to take the following steps :
    a. Ascertain the nature of demand outstanding against him.
    b. Check who raised the demand CPC (Central Processing Centre) or Jurisdictional Assessing Officer.
    c. Upload “Rectification of Return” in case of CPC and in case of AO communicate to the AO.
    d. After rectification or communication file “Online Response”.
    e. Even if not satisfied then file “Online Grievance”.
If you fail to respond to the demand within 30 days from the date of receipt of notice under section 245, department will adjust demand with the refund due to you. It is advisable to never leave the notice of demand unresponded.
10) What is the time period in which department should issue my refund?
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However there is nothing clearly specified under provisions of income tax act that within how much time income tax authorities must issue refund to the assessee. For reducing the effect of this hardship on assessee provision for interest on income tax refund due to the assessee are there in the act.
11) How much interest department need to pay in case of delayed refund?
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Under Section 244A of the Income-Tax Act, 1961, a taxpayer is entitled to interest at 0.5% for every month (6% per annum) from the first day of April of the assessment year to the date on which the refund is granted, where the refund arises on account of tax deduction at source (TDS) or advance tax payment.

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