LIVE GST Certification Course by CA Arun Chhajer begins 27th April. Register Now!!

Belated return filed with interest but due dt is extended

Sandesh (na) (73 Points)

02 September 2015

Hello,

Due to certain issues I could not file my return by 31st Aug 2015. However, I enusred to file the BELATED return today (2nd Sep 2015) with interest under section 234 A, B & C as I also had to pay shortfall in tax as my previous employer had not deducted TDS from my salary.

During the day I have got to know that Ministry of Finance has extended the due date for all (not just for gujarat) till 7 sep 2015. Is there any way for me to get the refund now for the interest which I have paid in morning as the due date is extended for all.

Request for your views.

Reply
Follow
Share

10 Replies

S. Shiroor (Others) (1207 Points)
Replied 02 September 2015

All Tax credits will be reflected in ur 26AS statement.

File return and as per return whatever taxes and int are there pay.

234A will not applied to you till 7the Sept.

take all tax credits in ur return and you will get refund

Sandesh (na) (73 Points)
Replied 02 September 2015

Hi S. Shiroor, Thanks for the prompt reply.

So just to clarify....

1) I can get refund also for interest charged to me under Section 234 B and 234 C ?

2) Also while filing return I will now revise it and select option for "Return filed within Due Date" as against the Original Return which I had filed with option "After Due Date"?

It will be very kind of you if these points are explained for my benefit.

S. Shiroor (Others) (1207 Points)
Replied 02 September 2015

Dont file the return again. CPC will treat your return as not belated as it was filed before due date of 7/9/2015.

234C interest will be applicable if the system calculates it .

234B interest will be applicable if Tax is paid after 1st April 2015 to 7 sept 2015 or date of filing whichever is earlier.

234A is interest will be applicable if tax is paid after due date that is 7th sept. In ur case it will be not applicable.

Thoroughly check your return filed. If any errors are there you can file revised return upto 31st march 2016 or assesment date whichever is earlier.

Now adays assesment are speedy. Just check your return and relax

Sandesh (na) (73 Points)
Replied 02 September 2015

OK...as such in my case since I had selected the option After Due Date in original return...system had by itself calculated interest amount for 234A, 234B and 234C. So after knowing those amounts from the system, I had prepared challan 280 to pay all those interests. Thereafter I filed the return.

I have rechecked my return and it seems in order.

As per the rationale explained above by you, I think I should wait for dept to refund me on their own without filing any further return.

Many thanks

S. Shiroor (Others) (1207 Points)
Replied 02 September 2015

Yes Just Relax CPC system will remove 234A interest automatically.

any where from 2 weeks to 6 weeks you will get refund.

Harpreet Singh (Others) (2 Points)
Replied 03 September 2015

Hi Shiroor,

As I haven't fill the return till now but i have paid the tax amount that was getting genearted as per ITR form as on 31st August'15 and corresponding to that today I received my Challan number. So, today when i again validated and calculate the tax then it is showing interest in 234A section. So, my question is that I need to fill that interest or still i can go and upload the return without filling the same.

Please advice.

S. Shiroor (Others) (1207 Points)
Replied 03 September 2015

The utility software is not updated for 7/9/2015. It is better to be on safe side otherwise the computer sytem should not send you a notice under 139(9) for defective return

Though you are well within your right not to pay 234A.

You can ignore it now and file return under sec "before due date" 139(1).

During assesment CPC will manage its software.

Harpreet Singh (Others) (2 Points)
Replied 03 September 2015

Thanks for ur prompt reply.

Do I need to manually put "0" in 234A and change the Tax Status to Nil Tax Payable
and then generate the XML from excel utility and upload the same
or do I have to pay remaining extra tax and then fill the Income tax n upload the same
pls suggest

S. Shiroor (Others) (1207 Points)
Replied 03 September 2015

By law you need not pay any tax under 234A if you file b4 7/9/2015.

The CPC system should not send you a notice under sec 139(9) .

If the Int under 234A is small you take the decision yourself.

For AY 2011-12 my self assesment tax after paying adv tax and So many TDs was less than 10k still the system automatically calculated for 234A,B,C. I paid self assesment tax as per the System. During assesment 234A,B was removed and I got full refund with int.

So you take decision urself whether to pay int u/s 234A