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99. Form of application, disposal of claims for refund and limitation:–
(1)
An application for refund under section 96, 97 or 98 shall be made in
the prescribed form and verified in the prescribed manner.
(2)
An application under sub-section (1) shall be made,-
(a)
in any case to which sub-section (2) of section 96 applies, within one
year or the end of the income year in which the advance or loan is repaid;
and
(b)
in other cases, within two years of the end of the assessment year to
which it relates:
Provided
that an Deputy Commissioner may, after obtaining the previous approval
in writing of the Inspecting Additional Commissioner, admit an application
made after the expiration of the aforesaid period, if he is satisfied
that the assessee was prevented by sufficient cause from making the application
within that period.
(3)
When an application for refund is made under sub-section (1), the Deputy
Commissioner shall, subject to the provisions of this Ordinance, determine,
by an order in writing, the amount of refund on being satisfied that such
amount is due to the assessee, and, where he is not so satisfied, he may,
by an order in writing, reject the application.
(4)
The Deputy Commissioner may, before making an order under sub-section
(3), call for such particulars, documents or evidence as he may require.
(5)
Where no order is made under sub-section (3) on or before the thirtieth
day of June of the financial year next following the date on which the
application for refund under sub-section (2) was made, the amount of refund
claimed in the said application shall be deemed to be due to the assessee.
(6)
The provisions of sub-section (5) shall not apply unless a notice stating
that no order under sub-section (3) has been made, is served on the Commissioner
on or before the thirty-first day of May of the said financial year.
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