Belated return & refund
This query is : Resolved
03 December 2014
Dear All,
One of my client Rohan Kumar has filed return belated return u/s 139 (4) as at below dates-
AY 2012- 13 return filed as at 22.03.14
AY 2013- 14 return filed as at 29.03.14
Refund due- AY 2012- 13- > Rs. 1790
Refund due- AY 2013- 14- > Rs. 2190
But after filing return for respective Assessment Year, he did not sent the acknowledgement copy at Bangalore within 120 days hence return was not processed and also refund was not determined.
I have following issues regarding this-
1) Since 2 Year has expired for filing of return for AY 2012- 13 after filing of belated return, what is alternate for claiming refund for AY 2012- 13?
2) Can we revise return for AY 2013- 14 to claim refund??
One of my client Rohan Kumar has filed return belated return u/s 139 (4) as at below dates-
AY 2012- 13 return filed as at 22.03.14
AY 2013- 14 return filed as at 29.03.14
Refund due- AY 2012- 13- > Rs. 1790
Refund due- AY 2013- 14- > Rs. 2190
But after filing return for respective Assessment Year, he did not sent the acknowledgement copy at Bangalore within 120 days hence return was not processed and also refund was not determined.
I have following issues regarding this-
1) Since 2 Year has expired for filing of return for AY 2012- 13 after filing of belated return, what is alternate for claiming refund for AY 2012- 13?
2) Can we revise return for AY 2013- 14 to claim refund??
03 December 2014
You can not claim refund for AY 2012-13. File belated return for AY 2013-14 to claim refund.
03 December 2014
u need to file an application to cbdt u/s 119(2)b since in case of failure to file such itr-v to cpc within 120 days it means there is no valid return is filed.
only in extraordinary case cbdt may allow
2.the ans is no as u havent filed a valid return on or b4 due date.
only in extraordinary case cbdt may allow
2.the ans is no as u havent filed a valid return on or b4 due date.
03 December 2014
Supreme Court has also decided this fact in the case of Jagdish Chandra Sinh Vs CIT (1996) that a belated return filed u/s 139(4) cannot be revised as section 139(5) provides that only Return filed under section 139(1) or in pursuance to a notice under section 142(1) can be revised.
then is there any remedy to get refund for the respective assessment years??
then is there any remedy to get refund for the respective assessment years??
03 December 2014
pls refer my above reply u need to file a petition to cbdt u/s 119(2)b
03 December 2014
Now you can file the original belated return for AY 2013-14 to claim refund.
03 December 2014
But original return was filed already and was not processed. Excel utility is not allowing to file original belated return as same was already filed. Can it be filed manually??
03 December 2014
Then file revised return.
03 December 2014
Now as per decision of supreme court in Jagdish Chandra Singh, belated return filed u/s 139 (4) could not be revised..
will department allow revision of belated return??
will department allow revision of belated return??
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