Filing of return for ay 2011-12

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

19 March 2014 I received the following SMS:

As per our records, it is observed that you have not filed your Income Tax Returns. Please login to https://incometaxindiaefiling.gov.in. and submit details under Compliance module.

This is for the ITR AY 2011-12 which I had not filed under the impression that as per the orders of the IT Department 'No Income tax return is required to filed by Salaried employees if their total Income is less than 500000 for the AY 2011-12'. My total income (after deduction of 80C to 80U) was around Rs. 4,17,000/- and TDS was Rs. 26350/- for the AY 2011-12.

I would like to know what reply should I put in the remarks column of the 'Submit Compliance Form' and can I file my ITR now. Will I have to pay any penalty.

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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19 March 2014 1. N/N 9/2012 exempted filing of return for AY 2012-13.

It was NOT applicable for AY 2011-12.

So you had to file the return for AY 2011-12

2. Return for AY 2011-12 CANNOT be filed now.

Querist : Anonymous

Querist : Anonymous (Querist)

19 March 2014 Thank you very much for the reply. But as it was exempted during that year that is the reason I did not file the return.

May please refer to Press Release No. 402/92/2006-MC (14 of 2011) of Department of Revenue, CBDT dated 23 June, 2011 and also the NOTIFICATION NO. 36/2011 [F. NO. 142/09/2011 (TPL)], DATED 23-6-2011 given below:

EXEMPTION TO SPECIFIED PERSONS FROM REQUIREMENT OF FURNISHING A RETURN OF INCOME UNDER SECTION 139(1) FOR ASSESSMENT YEAR 2011-12

NOTIFICATION NO. 36/2011 [F. NO. 142/09/2011 (TPL)], DATED 23-6-2011

In exercise of the powers conferred by sub-section (1C) of section 139 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby exempts the following class of persons, subject to the conditions specified hereinafter, from the requirement of furnishing a return of income under sub-section (1) of section 139 for the assessment year 2011-12, namely :—

Class of Persons
1. An Individual whose total income for the relevant assessment year does not exceed
five lakh rupees and consists of only income chargeable to income-tax under the
following head,—
(A) "Salaries";
(B) "Income from other sources", by way of interest from a savings account in a bank,
not exceeding ten thousand rupees.

Conditions
2. The individual referred to in para 1,—
(i) has reported to his employer his Permanent Account Number (PAN);
(ii) has reported to his employer, the incomes mentioned in sub-para (B) of para 1 and the employer has deducted the tax thereon;
(iii) has received a certificate of tax deduction in Form 16 from his employer which mentions the PAN, details of income and the tax deducted at source anddeposited to the credit of the Central Government;
(iv) has discharged his total tax liability for the assessment year through tax deduction at source and its deposit by the employer to the Central Government;
(v) has no claim of refund of taxes due to him for the income of the assessment year;
and
(vi) has received salary from only one employer for the assessment year.

3. The exemption from the requirement of furnishing a return of income-tax shall not be available where a notice under section 142(1) or section 148 or section 153A or section 153C of the Income-tax Act has been issued for filing a return of income for the relevant assessment year.
4. This notification shall come into force from the date of its publication in the Official Gazette.

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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19 March 2014 1. Sorry had some confusion.

2. If you satisfied ALL the conditions of the notification then you were not required to file income tax return.

3. In the remarks column write "Exempted from filing under N/N 36/2011".

Querist : Anonymous

Querist : Anonymous (Querist)

19 March 2014 Thank you very much.

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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19 March 2014 You are welcome. You should use the thanks button to convey your thanks.