Can i file return of fy 11-12 & 12-13 as on 13/02/2016.

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

13 February 2016 Sir, I want to know Can I file return of FY 11-12 & 12-13,becoz in both the FY's there is refund case. Due to negligence of my lawyer return of aforesaid FY's could have been filled & he filled return of FY 13-14 & 14-15 on 10/02/2016. I want to know Can I file return of above period now, because there is a handsome amount of refund. if yes. kindly provide the procedure. If not why?.

Suresh Ramaswamy

Suresh Ramaswamy (Expert)

14 February 2016 The Return for A.Y. 2012 -13 & A.Y. 2013 - 14 i.e. relevant to F.Y. 2011 - 12 & 2012 - 13 respectively, is time barred. However in pursuance of CBDT Circular No. 9 / 2015 dated 9th June 2015, you can approach the Commissioner of Income Tax under whose jurisdiction you are assessed. A petition under Section 119 (2) of the Income Tax Act, 1961 has to be filed to condone the delay in filing the return to enable you to claim your belated return and refund. Such refund amount at the level of the CIT is Rs.10 lakhs. Such petitions can be for upto 6 years from the end of the Assessment Year.

Mere filin of the petition will not suffice and an order has to be obtained from the Commissioner / Principal Commissioner. Thereafter the ITR can be filed and the return processed for refund.

Ganeshbabu K

Ganeshbabu K (Expert)

15 February 2016 Yes possible to file return u/s 119(2)(b) seeking condonation of delay

PROCEDURE TO FILE RETURN IN THIS CASE:-

1)File the refund-return before the Assessing Officer, but with a copy of a Condonation Petition addressed to the CIT.

2)The Condonation Petition should explain how the conditions prescribed in the CBDT's public Circular regarding condonation under S 119(2)(b) are satisfied.

3)Generally The delay has to be condoned by the CIT.however it is discretion of CIT ,,but department not bound to accept

4)Therefore prepare an Application (no prescribed Form) in Duplicate, explaining reasons for the delay, and praying for its condonation; send one copy to the CIT, and the other copy shall be attached to the belated return filed before the Assessing Office

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