Form of claim for refund and limitation.

239. (1) Every claim for refund under this Chapter shall be made ¹[by furnishing return in accordance with the provisions of section 139].

          ²[(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, one year from the last day of such assessment year;

 (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.]

³[239A.(1) Where under an agreement or other arrangement, in writing, the tax deductible on any income, other than interest, under section 195 is to be borne by the

person by whom the income is payable, and such person having paid such tax to the credit of the Central Government claims that no tax was required to be deducted on such income, may, within a period of thirty days from the date of payment of such tax, file an application before the Assessing Officer for refund of such tax in such form and such manner as may be prescribed.

(2) The Assessing Officer shall, by an order in writing, allow or reject the application: Provided that no application under sub-section (1) shall be rejected unless an opportunity of being heard has been given to the applicant.

(3) The Assessing Officer may, before passing an order under sub-section (2), make such inquiry as he considers necessary.

(4) The order under sub-section (2) shall be passed within six months from the end of the month in which application under sub-section (1) is received.]

Notes:

1.  Substituted by The Finance Act, 2019 w.e.f. 01.09.2019

in sub-section (1), for the words

in the prescribed form and verified in the prescribed manner

the following shall be subtituted namely,

by furnishing return in accordance with the provisions of section 139.

2.  Omitted by The finance Act, 2019 w.e.f. 01.09.2019

3. Insertion proposed by the Finance Act, 2022