Delay submission of ITR V

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This query is : Resolved

Quick Summary

If you've missed the 30-day deadline to verify your Income Tax Return (ITR), your return may be treated as invalid. You can file a condonation request with the jurisdictional Commissioner of Income Tax (CIT) under section 119(2)(b) to explain the delay. If your request is approved, you will likely need to file a new ITR.

Raj Chitroda

Raj Chitroda (Querist)

06 February 2024 Respected Sir,
I have filled the ITR-3 for FY 22-23 with claim of TDS refund dated 30th Dec 23 and for some reason, I could not verified the ITR within Stipulated time date 30th Jan 2024 and after that I have sent the ITR V at CPC Bangalore and after 5 days I received following mail dated 5th Feb 2024,

"Your ITR-V has been received after the stipulated period of 30 days. Hence, in terms of CBDT (Directorate of Systems) Notification No. 05 of 2022 dated 29.07.2022, this ITR-V is not valid and hence your ITR is treated as 'Non-est' (not filed). "

So my humble request to experts kindly guide what to do in this situation.

Thanks & Regards

Raj

RAJA P M

RAJA P M (Expert)

06 February 2024 Yes, as per ITD reply Your ITR is treated as non filing of ITR.

Raj Chitroda

Raj Chitroda (Querist)

06 February 2024 Thanks for your valuable reply, but now what is the procedure to claim my TDS? May I file the updated Return or not ?

RAJA P M

RAJA P M (Expert)

06 February 2024 Can't claim TDS refund through filing of ITR U (updated return)

Raj Chitroda

Raj Chitroda (Querist)

06 February 2024 so what is the procedure to consider my first ITR as valid ITR to the Income tax Department ?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

07 February 2024 If someone has missed the due date for verifying their Income Tax Returns within 30 days of filing, they can submit a condonation request through the e-filing portal of the Income Tax Department. 3. On the Condonation Request page, select the 'Delay in submission of ITR-V' option.

Raj Chitroda

Raj Chitroda (Querist)

08 February 2024 Condonation Delay menu showing " You have no ITR for which ITR_V was received after due date " eventhou portal I have received mail from ITD showing that "Your ITR-V has been received after the stipulated period of 30 days. Hence, in terms of CBDT (Directorate of Systems) Notification No. 05 of 2022 dated 29.07.2022, this ITR-V is not valid and hence your ITR is treated as 'Non-est' (not filed).

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

08 February 2024 In such a case file condonation application under section 119(2)(b) with jurisdiction CIT and after approval file ITR.

Raj Chitroda

Raj Chitroda (Querist)

08 February 2024 Thank you CA R SEETHARAMAN Sir, I would like to inform you and clarify that I have already filled the ITR dated 30 Dec 23 and ITR V submissions mail received from CPC dated 5 Jan 24 so only 5 days late to verify the ITR. In this situation ..
Does I need to file the new ITR if I will file the condonation application accepted by CIT ?
or CIT will consider My previous ITR Filled dated 30th Dec 2023 valid ITR ?
or I just need to file the Condonation delay for only Late ITR V submissions ?

Thanks in advance for your valuable reply

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

09 February 2024 You need to file the new ITR if you file the condonation application accepted by CIT.

Raj Chitroda

Raj Chitroda (Querist)

09 February 2024 Thanks for your valuable reply

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

09 February 2024 You are welcome...
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