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ITR for A.Y 2008-09 & 09-10

Hemant (Student) (243 Points)

26 September 2010

Can anyone help on below points.

1. For A.Y 2008-09, my employer deducted TDS though I did not had any taxable income. He did not issued me Form 16 but what ever TDS he deducted is reflecting in Form 26AS which I checked in NSDL website. I was not able to file my ITR.

Was I under any obligation to file ITR ? If yes, which section of IT Act, 1961 says its mandatory to file return if there is no taxable income.

2. Is it possible to claim refund now. 31 March 2010 was the last day to file belated ITR for A.Y 2008-09. I have tried to do so by logging into income tax site. And its not possible.

Expert advise are welcomed. Pls don't put guess answers and create confusion.

Regards

CMA Hemant Joshi

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9 Replies

Rahul Gupta (Chartered Accountant) (644 Points)
Replied 20 December 2010

Dear Hemant,

Well filing of ITR is not compulsory as you are not in a position to pay tax and you don't have any taxable income. Moreover the ITR for A.Y. 2008-09 can be submitted but it can be possible with the prior permission of the Income Tax Officer / Assessing Officer of your Range.

In case your employer is not providing you the TDS Certificate than you don't need so. As under the current system of Income Tax you don't have to submit the TDS Certificates along with the ITR. You can claim the Refund. and for that you can take the data and the necessary information of your TDS i.e. TAN No. of the Employer, Name of the Employer, Address of the Employer, Amount which was deducted.

These informations are required to claim the TDS. With the help of TAN No. the income tax authorities are able to track and locate the TDS deducted by your Employer.

After filling the return you can get the refund and moreover don't forget to file the ITR's for all the consequent Years. After the acceptance of your Return i.e. A.Y. 2008-09 you must file the returns for A.Y. 2009-10 and A.Y. 2010-11 altogether.

Regards,

Rahul

IPCC Student

Dhawal Mohnot (Practicing) (449 Points)
Replied 20 December 2010

You can claim refund... take a print of 26AS and submit the same along with the return.

I am no expert, but this is what happens practically ... might as well try it at ur end.

naveena (student) (26 Points)
Replied 20 December 2010

you can claim refund by providing TAN NO, employer name and address in your return. no need to to attach TDS certificates to your return

R M Malhotra (A M) (61 Points)
Replied 23 December 2010

Dear Sir,

Can an Individual file ITR -4 for F.Y. 08-09 up to 31st March 2010 ?

If not then why DIT allowed filing ITR for the same

Thanking you

Rahul Gupta (Chartered Accountant) (644 Points)
Replied 23 December 2010

Might be Yes that's up to 31.03.2010 but i am not dam sure. Actually as per my knowledge an assesse can submit the return between the period of 2 next years without getting any permission from ITO

In case if you have crossed the deadline than it can be submitted by getting prior permissions from Assessing Officer.

R M Malhotra (A M) (61 Points)
Replied 24 December 2010

Dear Sir,

Sorry for my mistake the correct question is

Can an Individual file ITR -4 for F.Y. 08-09 up to 31st March 2011 ?

If yes, some CA says for penalty of Rs. 5000.00 is this true

Can an individual file ITR-4 without penalty for FY 08-09

If not then why DIT allowed filing ITR for the same

Thanking you

Rahul Gupta (Chartered Accountant) (644 Points)
Replied 24 December 2010

Well as per my knowledge the previous returns are allowed to be filled upto the maximum of 3 years (Some of them required permission). Currently A.Y. 2011-12 is running than if we start to count the previous years than it was as like:

A.Y. 2010-11 (1st Previous Year)

A.Y. 2009-10 (2nd Previous Year)

A.Y. 2008-09 (3rd and last Allowed Previous year)

But for filling return for A.Y. 2008-09 it needs to get premission from Assessing Officer or ITO. He will define you the section under which the return will be submitted before 31st March, 2011. And it is too much necessary to specify that section on ITR form while filling the return because in the absence of that section your return might be rejected and will not be uploaded to the ITR System.

As per my knowledge, there is no penalty for filling such one. If you have an genuine reason than it is sufficient to file that. Because every ITO will ask you that what are the reasons for which you want to submit the return of such previous year.

U S Sharma (glidor@gmail.com) (21056 Points)
Replied 24 December 2010

Originally posted by : R M Malhotra
	Dear Sir, Sorry for my mistake the correct question is Can an Individual file ITR -4 for F.Y. 08-09 up to 31st March 2011 ? If yes, some CA says for penalty of Rs. 5000.00 is this true Can an individual file ITR-4 without penalty for FY 08-09 If not then why DIT allowed filing ITR for the same Thanking you

271F. Penalty for failure to furnish return of income.

If a person who is required to furnish a return of his income, as required under sub-section (1) of section 139 or by the provisos to that sub-section, fails to furnish such return before the end of the relevant assessment year, the Assessing Officer may direct that such person shall pay, by way of penalty, a sum of five thousand rupees.