Family pension-relief u/s 89- return after due date

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This query is : Resolved

agastya sharma (Querist)

08 April 2012 can Deductions under Section 80C be claimed even if return is filed after due date? and also if a family pensioner is entitled to claim deduction under15000/- under U/S.57(iia). and 2.if she is entitled to claim deduction under Relief U/S 89 as well?

CA MANOJ GUPTA

CA MANOJ GUPTA (Expert)

09 April 2012 There is no restriction on sectionj 80 deduction
Family pension benefit and section 89 both can b calimred

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)

09 April 2012 Yes you can claim the deduction even your time limit as prescribed u/s 139(1) has expired but you can file your return u/s 139(4) or in response to notice u/s 148 or 142(1). Your eligibility cannot be taken away from you and you are free to claim the same but for the same you must have proper supporting document so that whenever it is required you can place the same and the ITO cannot refuse to allow the same on the Plea that you have filed your return very late.

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