Belated return of assessee covered under tax audit


This query is : Resolved 

28 March 2009 can belated return for A/Y-2008-09 be filed for assessee covered under Tax audit u/s 44AB.

28 March 2009 Yes, return can be filed. but you should keep in your mind the penalties.

It is very difficult for you to prove that the tax audit has been made on or before 30.09.2008. so be ready for penalties.

Sanjay Soni (Expert)
01 April 2009 Agreed

10 April 2009 The rule is that Return Of Income can be filed late, but In any case the TAX AUDIT report has to be filed on or before the last date stipulated. So question of proving whether TAX AUDIT was done or not before that date does not arise at all, So even if you prove that TAX AUDIT was done & completed before the stipulated date the the question would come that if it was done then why not only TAX AUDIT REPORT was filed on stipulated date, which is permitted in law, & return filing can be done later. In this way you can avoid TAX AUDIT penalty,There is a practical solution to this issue You can call me & If your case is in Bombay I can help you gettig the solution done, But if not in Mumbai I will tell you the approach & way out for your problem
CHandrakant Ambani

10 April 2009 The rule is that Return Of Income can be filed late, but In any case the TAX AUDIT report has to be filed on or before the last date stipulated. So question of proving whether TAX AUDIT was done or not before that date does not arise at all, So even if you prove that TAX AUDIT was done & completed before the stipulated date the the question would come that if it was done then why not only TAX AUDIT REPORT was filed on stipulated date, which is permitted in law, & return filing can be done later. In this way you can avoid TAX AUDIT penalty,There is a practical solution to this issue You can call me & If your case is in Bombay I can help you gettig the solution done, But if not in Mumbai I will tell you the approach & way out for your problem
CHandrakant Ambani


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