27 March 2015
Mr. Tushar Sampat, I'm answering based on practical knowledge rather than theoretical knowledge.
I already filed AY 2010-11 for one of my client. He earlier enquired with 3 or 4 well reputed CA firms in Bangalore. They all told same what you posted.
Finally he, visited my firm. We successfully filed the AY 2010-11 with concerned ITO, without any unfair practice. Our client now, referring my name to all his friends and relatives.
There are lot of difference between the theory and practical.
Just in the month of January 2015, i.e, just two months before, we filed AY 2009-10, 2010-11 and AY 2012-13 in the ITI 1, Udupi ward, Karnataka
29 March 2015
Thank you CA. Shiva Ji for sharing your practical knowledge with us. Even I was aware that the return is time barred and can not be filed without invoking section 119(2)(b).
Please throw light on following for our information:
1) Has the return been processed and 143(1) issued?
1) My responsibility ceases once I file the income tax return. I'm not responsible for processing the Income Tax Return from Income Tax Department side. It is not my duty to inquire, why the Income Tax Return processed or not?
2) Levy the penalty under section 271F, is discretion of the Assessing Officer. In case, we receive the notice from AO, then I can reply to the same.
One of my client got received the notice under section 274 read with section 271F of the Income Tax Act, 1961 for the AY 2011-12 and levied the penalty of Rs. 5,000/-
We successfully handled the case. We submitted our presentation in before the ITO and finally, ITO withdrawn the penalty. We have proof for that also.
In case of T Ashok Pai, 292 ITR 11, Supreme Court has held that, penalty is not mandatorily imposable to the assessee.
In Dilip Shroff, 291 ITR 519, Supreme Court held that, imposition of penalty is not automatice.Levy of penalty is not only discretionary in nature but such discretion is required to be exercised on the part of the AO keeping the relevant factors in mind.
Shiva is absolutely bang on here. However, the non-refund cases are not processed and the return is filed only for record purposes. So, all you get is a stamped ITRV.
As you both have already indicated, 119(2) condonation is required for filing the return in refund cases past the due date.
10 June 2015
Yes Nikhil Ji...Now in my future replies I am also advising that manual paper return can be filed in these cases. Thanks to Shiva Ji for throwing light in this matter.
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