Belated Return

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Vivek (Querist)

26 April 2011 Hi Experts

I just wanted to know about an issue relating to return filing. My friend had an income(receipt from contract wok) of Rs.65000 only for the AY 2009-10 and the payer has deucted tax of Rs.6500 on the payment. Since he doesnt have taxable income during the year, he can claim a refund. but he has not filed return yet. so the last date for filing return was 31.03.2011 (belated). So my question is can i file return after 31.03.2011 and calim refund for TDS? If yes how should i do that?

Nayan Das

Nayan Das (Expert)

26 April 2011 IF YOUR INCOME NOT TAXBLE SO YOU HAVE CLAIM THIS TDS AMOUNT IS REFUNDABLE

taxindiaconnect

taxindiaconnect (Expert)

26 April 2011 You can file a belated return and calim TDS, however for filing a belated return the AO may levy a penalty of Rs 5000. The power of the AO to levy penalty is discreationary, not mandatory.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

26 April 2011 Income tax return for the assessment year 2009-10 can't be filed voluntarily now, since barred by time. However, you may file a petition before the jurisdictional income tax commissioner under section 119(1) of the IT Act,1961 seeking to give a direction to the assessing officer to accept the said return of income. Upon receiving the direction, you may file the return and seek refund.

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