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Can i get refund in cases where i can not file itr?

garvit bharti (CA FINAL) (370 Points)

19 August 2014

Hii all,,

we all know that as of now we can not file ITR for the AY 2012-13 and years before it.

because ITR can be filed upto 1 year from the end of AY.

TDS is deducted in those years and there is no taxable income in those years.

CAN ANYONE SUGGEST ME,,IS THERE ANY OTHER WAY TO GET THE REFUND OF TDS DEDUCTED APART FROM FILING ITR????

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10 Replies

CA Himanshu Bansal (Risk Manager) (2345 Points)
Replied 20 August 2014

There is no other way to claim Refund.

Since time has passed to file ITR, nothing can be done.

1 Like

subhash kumar jha (PROFESSION) (445 Points)
Replied 20 August 2014

If there are huge tds then ITO ko khilao aur kaho ki 148 kare tab return daal ke refund mil jayega.

1 Like

Tribhuvan Aditya Singh (Student as well as Self-employed) (3710 Points)
Replied 20 August 2014

there is an option in current year itr to claim tds of previous years if it has not been claimed earlier... if you havent filed return for current yr now, then file it and claim all tds including unclaimed tds of previous years.

garvit bharti (CA FINAL) (370 Points)
Replied 20 August 2014

Originally posted by : Tribhuvan Aditya Singh
	there is an option in current year itr to claim tds of previous years if it has not been claimed earlier... if you havent filed return for current yr now, then file it and claim all tds including unclaimed tds of previous years.

As per the heading of this topic,,it is the case of 5 years back of which ITR can not be filed now....and i want to know whethr it can be refunded in any possible way ??

thanks

Tribhuvan Aditya Singh (Student as well as Self-employed) (3710 Points)
Replied 20 August 2014

nowhere in your query you have mentioned about 5yrs.... however, option in current yr itr allows you to claim tds of previous yrs.. how many yrs back, i dont know.. but you can claim it if it was not claimed earlier.

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Tribhuvan Aditya Singh (Student as well as Self-employed) (3710 Points)
Replied 20 August 2014

and if deptt. has made a prov. to claim tds now, then it will give credit of same and accordingly will also refund the amt.......... ....... .... if you still have doubt then visit your AO, ask him to issue notice under sec 142(1) and then file return in response to such notice and claim tds.

1 Like

garvit bharti (CA FINAL) (370 Points)
Replied 20 August 2014

Originally posted by : Tribhuvan Aditya Singh
	and if deptt. has made a prov. to claim tds now, then it will give credit of same and accordingly will also refund the amt.......... ....... .... if you still have doubt then visit your AO, ask him to issue notice under sec 142(1) and then file return in response to such notice and claim tds.

DEAR aditya singh,

you reminded me a new thing that has been introduced. i.e unclaimed tds.

Now the question is will they give us credit of that unclaimed tds because no itr was filed of those years??? what does the word "UNCLAIMED" mean??

if it is the "tds not claimed when itr was filed",then no credit will be received as no itr was filed...

Your reverts are really appreciated ,,thank you so much

1 Like

CA Himanshu Bansal (Risk Manager) (2345 Points)
Replied 20 August 2014

Originally posted by : garvit bharti
	Originally posted by : Tribhuvan Aditya Singh and if deptt. has made a prov. to claim tds now, then it will give credit of same and accordingly will also refund the amt.......... ....... .... if you still have doubt then visit your AO, ask him to issue notice under sec 142(1) and then file return in response to such notice and claim tds. DEAR aditya singh, you reminded me a new thing that has been introduced. i.e unclaimed tds. Now the question is will they give us credit of that unclaimed tds because no itr was filed of those years??? what does the word "UNCLAIMED" mean?? if it is the "tds not claimed when itr was filed",then no credit will be received as no itr was filed... Your reverts are really appreciated ,,thank you so much

Good observation..

Moreover, This point of TDS of earlier years being claimed in current year, is only for the "Accrual/Cash" basis accouting problems tackling..

As per my practical observations, ITO will not allow TDS as its not reflecting in the 26AS of year of which return will be filed.

Its a debatable issue, more views are invited.

1 Like

Sahil Bhatia (Practicing Chartered Accountant) (290 Points)
Replied 20 August 2014

Nope u cannot claim it and moreover u will be penalized u/s 271F for non filing

1 Like

Akhil Manohar (Article & Audit Assistant) (85 Points)
Replied 21 August 2014

You can file the old returns manually and can give condonation letter for the delay in filing returns of those years to the income tax commisionerate.They will process the return and intimate you to appear for an hearing with reasons for not filing the returns along with all supporting evidences.You will get you refund.It has worked for me in one my cases.

1 Like