India - Income Tax Act 2010 - Saarc

S. 239 I.T. ACT, 1961 1.822any assessment year exceeds the amount with which he is properly chargeable 7under this Act for that year, he shall be entitled to a refund 7 of the excess.Person entitled to claim refund in certain special cases.8238. (1) Where the income of one person is included under any provision ofthis Act in the total income of any other person, the latter alone shall beentitled to a refund under this Chapter in respect of such income.9[(1A) Where the value of fringe benefits provided or deemed to have beenprovided by one employer is included under any provisions of Chapter XII-H inthe value of fringe benefits provided or deemed to have been provided by anyother employer, the latter alone shall be entitled to a refund under this Chapterin respect of such fringe benefits.](2) Where through death, incapacity, insolvency, liquidation or other cause, aperson is unable to claim or receive any refund due to him, his legal representativeor the trustee or guardian or receiver, as the case may be, shall be entitledto claim or receive such refund for the benefit of such person or his estate.Form of claim for refund and limitation.10239. 11 (1) Every claim for refund under this Chapter shall be made in theprescribed form and verified in the prescribed manner.12[(2) No such claim shall be allowed, unless it is made within the period specifiedhereunder, namely :—(a) where the claim is in respect of income which is assessable for anyassessment 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 theassessment year commencing on the first day of April, 1968, threeyears from the last day of the assessment year;(c) where the claim is in respect of income which is assessable for anyother assessment year, 13 [one] year from the last day of such assessmentyear;]14[(d) where the claim is in respect of fringe benefits which are assessablefor any assessment year commencing on or after the first day of April,2006, one year from the last day of such assessment year.]7. For the meaning of the expressions “properly chargeable” and “refund”, see Taxmann’sDirect Taxes Manual, Vol. 3.8. See also Circular No. 22(LXXII-17), dated 8-8-1961. For details, see Taxmann’s MasterGuide to Income-tax Act.9. Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.10. For order of the Board under section 119(2)(b) condoning delay in filing applicationfor refund, refer Taxmann’s Income-tax Rules.11. See rule 41 and Form No. 30 for claim for refund.12. Substituted by the Finance Act, 1968, w.e.f. 1-4-1968.13. Substituted for “two” by the Finance Act, 1992, w.e.f. 1-4-1993.14. Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.