Re: Form 4 for refund cases

Thanks a lot for answering my earlier questions. Sorry to trouble again. My query is what is the due date [time limit] for filing Form 4 in cases where no tax is payable under VSVS [refund due to tax already paid before declaration / nil due to set off of brought forward unabsorbed losses or depreciation].

The appeal is pending before Madras High Court and already filed Memo for withdrawal one month back [no acknowledgement – as per procedure followed in Madras High Court], but the case is not yet listed. Since withdrawal of case is mandatory, unless the case is posted, may not be able to obtain order for withdrawal.

Kindly clarify / suggest the options available.

Thanking you in advance.

The assssessee may have an application before the High Court to  fix the matter out of turn hearing . In Mumbai the Honourable High Court  fixes the matter for withdrawal as soon as the application is made. Most of the  High Courts  follow the same procedure . You may request the Advocate on  record to move an  application before High Court by following the due process of law . Once the order of withdrawal is passed  by the High Court,  the assessee has to file the copy to the Designated Authority .  The querist ‘s application being  refund  , the querist may write to the Designated Authority  informing the pendency of application before High Court. On receipt of the order for withdrawal the assessee can send the copy to the Designated Authority , there is no time limit for furnishing however it may be desirable to file at the earliest . 

 

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