Income Tax Act, 1961
Section 9: Subs. by Act 13 of 1966, s. 28, for sub-section (2) (w.e.f. 11966).
9. Subs. by Act 13 of 1966, s. 28, for sub-section (2) (w.e.f. 11966).
700
Explanation.—In sub-section (2) of this section and in section 280ZB, the expression “the relevant
amount of distributions of dividends” has the meaning assigned to it in the Finance Act of the relevant
year.]]
CHAPTER XIX
REFUNDS
237. Refunds.—If any person satisfies the 1[AssessingOfficer] that the amount of tax paid by him or
on his behalf or treated as paid by him or on his behalf for any assessment year exceeds the amount with
which he is properly chargeable under this Act for that year, he shall be entitled to a refund of the excess.
238. Person entitled to claim refund in certain special cases.—(1) Where the income of one person
is included under any provision of this Act in the total income of any other person, the latter alone shall
be entitled to a refund under this Chapter in respect of such income.
2[(1A) Where the value of fringe benefits provided or deemed to have been provided by one employer
is included under any provisions of Chapter XII-H in the value of fringe benefits provided or deemed to
have been provided by any other employer, the latter alone shall be entitled to a refund under this Chapter
in respect of such fringe benefits.]
(2) Where through death, incapacity, insolvency, liquidation or other cause, a person is unable to
claim or receive any refund due to him, his legal representative or the trustee or guardian or receiver, as
the case may be, shall be entitled to claim or receive such refund for the benefit of such person or his
estate.
239. Formof claim for refund and limitation.—(1) Every claim for refund under this Chapter shall
be made in the prescribed form and verified in the prescribed manner.
3[(2) No such claim shall be allowed, unless it is made within the period specified hereunder,
namely:—
(a) where the claim is in respect of income which is assessable for any assessment year
commencing on or before the 1st day of April, 1967, four years from the last day of such assessment
year;
(b) where the claim is in respect of income which is assessable for the assessment year
commencing on the first day of April, 1968, three years from the last day of the assessment year;
(c) where the claim is in respect of income which is assessable for any other assessment year,
4[one year] from the last day of such assessment year;]
5[(d) where the claim is in respect of fringe benefits which are assessable for any assessment year
commencing on or after the first day of April, 2006, one year from the last day of such
assessment year.]
240. Refund on appeal, etc.—Where, as a result of any order passed in appeal or other proceeding
under this Act, refund of any amount becomes due to the assessee, the 1[AssessingOfficer] shall, except as
otherwise provided in this Act, refund the amount to the assessee without his having to make any claim in
that behalf:
(w.e.f. 11966).
700
Explanation.—In sub-section
of this section and in section 280ZB, the expression “the relevant
amount of distributions of dividends” has the meaning assigned to it in the Finance Act of the relevant
year.]]
CHAPTER XIX
REFUNDS
237. Refunds.—If any person satisfies the 1[AssessingOfficer] that the amount of tax paid by him or
on his behalf or treated as paid by him or on his behalf for any assessment year exceeds the amount with
which he is properly chargeable under this Act for that year, he shall be entitled to a refund of the excess.
238. Person entitled to claim refund in certain special cases.—
Where the income of one person
is included under any provision of this Act in the total income of any other person, the latter alone shall
be entitled to a refund under this Chapter in respect of such income.
2[
Where the value of fringe benefits provided or deemed to have been provided by one employer
is included under any provisions of Chapter XII-H in the value of fringe benefits provided or deemed to
have been provided by any other employer, the latter alone shall be entitled to a refund under this Chapter
in respect of such fringe benefits.]
Where through death, incapacity, insolvency, liquidation or other cause, a person is unable to
claim or receive any refund due to him, his legal representative or the trustee or guardian or receiver, as
the case may be, shall be entitled to claim or receive such refund for the benefit of such person or his
estate.
239. Formof claim for refund and limitation.—
Every claim for refund under this Chapter shall
be made in the prescribed form and verified in the prescribed manner.
3[
No such claim shall be allowed, unless it is made within the period specified hereunder,
namely:—
where the claim is in respect of income which is assessable for any assessment year
commencing on or before the 1st day of April, 1967, four years from the last day of such assessment
year;
where the claim is in respect of income which is assessable for the assessment year
commencing on the first day of April, 1968, three years from the last day of the assessment year;
where the claim is in respect of income which is assessable for any other assessment year,
4[one year] from the last day of such assessment year;]
5[
where the claim is in respect of fringe benefits which are assessable for any assessment year
commencing on or after the first day of April, 2006, one year from the last day of such
assessment year.]
240. Refund on appeal, etc.—Where, as a result of any order passed in appeal or other proceeding
under this Act, refund of any amount becomes due to the assessee, the 1[AssessingOfficer] shall, except as
otherwise provided in this Act, refund the amount to the assessee without his having to make any claim in
that behalf: