Back dated return

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Goldi jain (Querist)
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28 July 2013 Can i file back dated return?
if yes, then whether it would be actually filed or it would be only acknowledge by stamping available back date?

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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28 July 2013 Back dated return not possible. Belated return u/s 139(4) possible.

Example Return in respect of Assessment Year 2013-14.

Due date Sec 139(1)- 31.07.2013 (Non Tax Audit Cases)

Belated return Can be filed u/s 139(4)after 31.07.2013 but on or before 31.03.2015. If belated return filed within 31.03.2014 no penalty. If filed after 31.03.2014 till 31.03.2015 a penalty of Rs 5000/- may be imposed by AO u/s 271F.

Note: Belated retur filed u/s 139(4) can not be revised and loss can not be carry forwarded.

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Goldi jain

Goldi jain (Querist)
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30 July 2013 thnx for your reply sir.. i am aware about the said law sir but some of my friend filed back dated return....i know that back dated return can be filed but i want to clear that whether it would be actually filed or not or it would be only acknowledge by stamping available back date?
actually one of my client want loan and he has not filed return for last 3 years..at this point of time 2 years return can be filed but one return has to be filed back dated by setting with officers...and bank also check whether gap between 2 return filing dates is 6 months or more than 6 months or not?

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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30 July 2013 Absolutely Impossible. Department have to maintain records and register for manual returns. So it not possible.

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