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| + | ====== RTI for ITR Refund Stuck More Than 60 Days ====== | ||
| + | |||
| + | **An income-tax refund stuck for more than 60 days from ITR processing carries a statutory right to interest at 6 percent per annum under §244A of the Income Tax Act, 1961.** The RTI route forces the Centralised Processing Centre (CPC) Bangalore and the jurisdictional Assessing Officer (AO) to disclose the delay reason, the interest calculation, | ||
| + | |||
| + | <WRAP info round center 90%> | ||
| + | **📥 Use these before filing** | ||
| + | |||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | |||
| + | A refund stuck beyond 60 days from ITR processing is the trigger for §244A interest. The CPC must compute and pay the interest along with the refund. | ||
| + | </ | ||
| + | |||
| + | ===== §244A: the interest entitlement ===== | ||
| + | |||
| + | §244A of the Income Tax Act, 1961 gives the taxpayer a statutory right to interest on a delayed refund: | ||
| + | |||
| + | * **Rate:** 6 percent per annum (0.5 percent per month) on the refund principal. | ||
| + | * **Start date:** From the **date of ITR filing** (for advance-tax / TDS refunds) OR from the **date of payment** (for self-assessment-tax refunds). | ||
| + | * **End date:** Date of refund credit. | ||
| + | * **Computation: | ||
| + | |||
| + | In practice, CPC often omits or under-pays the interest. The RTI route forces the calculation to be disclosed line by line. | ||
| + | |||
| + | ===== Why a focused 60-day RTI is different ===== | ||
| + | |||
| + | The broader refund-delay RTI (see linked article) asks about status and reasons. The 60-day-plus RTI adds three specific questions: | ||
| + | |||
| + | - **Interest calculation under §244A.** Number of months counted, start date, end date, rate applied. | ||
| + | - **Whether interest is being suppressed under §244A(2).** §244A(2) reduces interest where the delay is attributable to the assessee. The PIO must show the attributable-delay finding. | ||
| + | - **Demand adjustment under §245.** A prior-year tax demand will absorb the refund; the §245 order must be disclosed and the interest computed on the net. | ||
| + | |||
| + | ===== Step-by-step: | ||
| + | |||
| + | - **Confirm the refund is stuck 60+ days.** Open [[https:// | ||
| + | - **File the e-Nivaran grievance first.** The grievance must run for 15 days before the RTI is most productive. | ||
| + | - **Identify the PIO:** | ||
| + | - **CPC Bangalore PIO:** // | ||
| + | - **Jurisdictional AO PIO:** the PIO at your PAN-mapped AO's office (find at [[https:// | ||
| + | - **Draft the RTI.** Sample below. | ||
| + | - **Pay Rs. 10.** IPO or online via [[https:// | ||
| + | - **Send by Speed Post or file online.** | ||
| + | - **Track the 30-day clock.** On Day 31 of PIO silence, file a [[: | ||
| + | |||
| + | ===== Sample RTI to CPC + AO ===== | ||
| + | |||
| + | < | ||
| + | To, | ||
| + | The Public Information Officer, | ||
| + | [Centralised Processing Centre, Bangalore / | ||
| + | Office of the Assessing Officer, [Range and Ward]] | ||
| + | [Full address] | ||
| + | |||
| + | Subject: Request for information under §6(1) of the Right to | ||
| + | Information Act, 2005, regarding ITR refund stuck more than 60 days | ||
| + | for PAN [XXXXX1234X], | ||
| + | Number [XXXXXXXXXXXXXX]. | ||
| + | |||
| + | Sir / Madam, | ||
| + | |||
| + | I, [Your full name], a citizen of India, residing at [Your address], | ||
| + | PAN [XXXXX1234X], | ||
| + | the RTI Act, 2005: | ||
| + | |||
| + | Assessment Year: 2025-26 | ||
| + | Acknowledgement Number: [XXXXXXXXXXXXXX] | ||
| + | ITR filed on: [DD-MM-YYYY] | ||
| + | ITR processed on: [DD-MM-YYYY] (under §143(1) intimation) | ||
| + | Refund amount as per §143(1): Rs. [XX,XXX] | ||
| + | Days since processing: [Number] days | ||
| + | |||
| + | 1. Current status of the refund as on the date of this application. | ||
| + | 2. Reasons for the delay beyond the 60-day window after ITR | ||
| + | | ||
| + | | ||
| + | 3. Interest computation under §244A of the Income Tax Act, 1961: | ||
| + | a. The start date of interest counting. | ||
| + | b. The end date as of the current status. | ||
| + | c. The number of full months counted. | ||
| + | d. The principal on which interest is calculated. | ||
| + | e. The total interest amount accrued to date. | ||
| + | 4. Whether any portion of the interest is being suppressed under | ||
| + | | ||
| + | the specific attributable-delay finding. | ||
| + | 5. Whether any §245 adjustment is pending against an earlier-year | ||
| + | | ||
| + | 6. Name and designation of the dealing officer or the system | ||
| + | | ||
| + | 7. Expected date of refund disbursement, | ||
| + | | ||
| + | 8. Action taken on the e-Nivaran grievance filed by me on | ||
| + | | ||
| + | |||
| + | I am enclosing Rs. 10 as the prescribed application fee by way of | ||
| + | Indian Postal Order No. [XXXXX] dated [DD-MM-YYYY]. | ||
| + | |||
| + | Kindly supply the information within 30 days as required under §7(1) | ||
| + | of the Act. | ||
| + | |||
| + | Yours sincerely, | ||
| + | |||
| + | [Signature] | ||
| + | [Printed name] | ||
| + | [Phone] · [Email] | ||
| + | PAN: [XXXXX1234X] | ||
| + | Date: [DD-MM-YYYY] | ||
| + | Place: [City] | ||
| + | </ | ||
| + | |||
| + | ===== After you file ===== | ||
| + | |||
| + | * **Day 1-30:** PIO reply window. CPC usually answers in 15-25 days. | ||
| + | * **Day 31:** Deemed refusal. [[: | ||
| + | * **Day 76:** [[: | ||
| + | * **Parallel: | ||
| + | |||
| + | ===== Common PIO replies and what to do ===== | ||
| + | |||
| + | * **" | ||
| + | * **" | ||
| + | * **" | ||
| + | * **" | ||
| + | * **No reply.** File the First Appeal on Day 31. | ||
| + | |||
| + | ===== Interest calculation example ===== | ||
| + | |||
| + | If the refund is Rs. 50,000, ITR filed on 31 July 2025, and refund credited on 15 February 2026: | ||
| + | |||
| + | * Days from 1 April 2025 to 15 February 2026 = around 320 days = 10 full months. | ||
| + | * §244A interest = Rs. 50,000 × 0.5 percent × 10 = **Rs. 2,500**. | ||
| + | * Total disbursement = Rs. 50,000 + Rs. 2,500 = **Rs. 52,500**. | ||
| + | |||
| + | If the CPC pays only the principal, the missing interest is itself a ground for a separate RTI and a First Appeal. | ||
| + | |||
| + | <WRAP info round center 90%> | ||
| + | **90 days, no movement? CIC route with §20 prayer.** | ||
| + | |||
| + | When CPC and the AO PIO both ignore, the [[: | ||
| + | |||
| + | **Templates: | ||
| + | **Stuck?** Use the [[https:// | ||
| + | </ | ||
| + | |||
| + | ===== Frequently asked questions ===== | ||
| + | |||
| + | ==== Is interest under §244A automatic, or do I need to claim it? ==== | ||
| + | Automatic, in principle. The CPC system computes §244A interest and adds it to the refund. In practice, suppression and under-payment are common. Claim it explicitly in the RTI to force the calculation. | ||
| + | |||
| + | ==== How is §244A interest calculated? ==== | ||
| + | 0.5 percent per month (or part of a month) on the refund principal. From the start date defined in §244A(1) to the credit date. Full months only; partial months count as full. | ||
| + | |||
| + | ==== Will the CPC reduce my §244A interest? ==== | ||
| + | Only under §244A(2), and only where the CPC has a specific attributable-delay finding against you. Common reasons: late response to §139(9) defective return notice, late §142(1) reply. The PIO must show the finding. | ||
| + | |||
| + | ==== Will the §245 adjustment kill my interest entitlement? | ||
| + | Partly. §244A interest applies only to the **net** refund (after §245 adjustment). If the §245 adjustment is itself disputed, the interest revives on the disputed portion if you win. | ||
| + | |||
| + | ==== What is the difference between the broader IT refund article and this one? ==== | ||
| + | The broader article covers all refund delays (status, reasons, bank issues). This article focuses on the 60-day-plus scenario where §244A interest kicks in. Use both: the broader one for general status, this one for the interest claim. | ||
| + | |||
| + | ==== Will the CPC pay interest on the interest? ==== | ||
| + | No. §244A interest is calculated only on the refund principal, not on accrued interest. The interest is a one-time addition to the disbursement. | ||
| + | |||
| + | ==== Is filing the RTI permitted before the e-Nivaran grievance is resolved? ==== | ||
| + | Yes, but the parallel grievance route is recommended. The e-Nivaran serves as evidence of pre-RTI exhaustion of remedies, useful in the Second Appeal. | ||
| + | |||
| + | ===== Related on RTI Wiki ===== | ||
| + | |||
| + | * [[rti-for-income-tax-refund-delay-2026|RTI for Income Tax Refund Delay (broader article)]] | ||
| + | * [[guide: | ||
| + | * [[guide: | ||
| + | * [[guide: | ||
| + | * [[guide: | ||
| + | * [[rti-for-gst-refund-delay-2026|RTI for GST refund delay]] | ||
| + | * [[/book|The RTI Playbook]]. The complete guide to filing RTI in 2026. | ||
| + | |||
| + | ===== Sources ===== | ||
| + | |||
| + | * The Right to Information Act, 2005. §6, §7, §19, §20. | ||
| + | * The Income Tax Act, 1961. §143(1), §143(2), §244A, §245, §246A. | ||
| + | * Centralised Processing Centre, Income Tax Department. [[https:// | ||
| + | * Central Board of Direct Taxes. [[https:// | ||
| + | * Central Information Commission. [[https:// | ||
| + | |||
| + | //Last reviewed: 28 May 2026, RTI Wiki editorial team.// | ||
| + | |||
| + | {{tag> | ||