E-filing of Income Tax Return

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CA. Rishabh Mittal (Querist)

07 December 2009 We had electronically filed an ITR 2 on 26.09.2009 of an assessee who was the partner of a partnership firm liable for audit u/s 44AB. Although digital signature was attached with the return at that time, but on later review, it was found that digital signature was not properly attached. In the assumption of digital signature being affixed, we haven't send the acknowledgement Form V to Bangalore.

Now what is the remedy for the same ?

Aditya Maheshwari

Aditya Maheshwari (Expert)

07 December 2009 If the person was a partner in a PF then ITR 3 should have been filed not ITR 2. If the assessee was a partner only and not liable for tax audit u/s 44AB then he can belatedely file his return of income as the firm in which he was a partner was liable to audit not him. So though the due date will be 30.09.09 he can belatedely file the return now as the original return is deemed not to be filed.

CA. Rishabh Mittal

CA. Rishabh Mittal (Querist)

07 December 2009 Sorry, it was ITR 3 only.

Further, the same was the case with Partnership Firm also. i.e. the Digital signature was attached but later found that it has not been attached properly.

What is the remedy for Firm. Pls note that PF was liable to audit u/s 44AB.

CA. Bikash Bogi

CA. Bikash Bogi (Expert)

09 December 2009 You can send the acknowledgement copy of return duly signed by the assessee to Banglore.....It will be treated as belated return..In case if it is a loss return , then it will be difficult to claim it...oterwise no big difficulty......AO may levy interest or penalty for late filing.....

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