Filing of return

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This query is : Resolved

CA Himanshu Binani (Querist)

18 July 2012 Dear Sir,
I have not submitted the return for the P.Y 2009-10 and TDS has been deducted on the income of that P.Yr. Since the time limit for submission of return U/s 139(4) has crossed , how can i submit the return for that P.Yr & claim TDS refund.

Note: My income is below Taxable limit.
since income is below taxable limit therefor penalty U.s 271F would not be attracted.
Am I right

C.A Anshul Singhal

C.A Anshul Singhal (Expert)

18 July 2012 yes you can take refund if you are submitted return u/s 139(4).

CA Himanshu Binani

CA Himanshu Binani (Querist)

18 July 2012 If I file return u/s 139(4) - belated return for the P.Y 2010-11 , cant i claim TDS refund

CS ANAND RAVADA

CS ANAND RAVADA (Expert)

18 July 2012 the time limit for filing ROI was over,i.e you have to file your ROI on or before 31.03.2012. the only option vests with you is you can file your return as it in normal procedure and put an application before commissioner of incometax for condonation of delay. now it is purely discretionary powers of CIT to grant or not. penalty u/s 271F was not attributable on your case.

CA Himanshu Binani

CA Himanshu Binani (Querist)

18 July 2012 Dear sir,
I can file belated return for the f.y 2010-11 till the end of 31.03.2013 as per sec 139(4) &thus claim TDS refund in my return
What is the remedy for P.y 2009-10

CS ANAND RAVADA

CS ANAND RAVADA (Expert)

18 July 2012 you can file the return for the FY09-10 to the juridictional assessing officer as of now and the same treated as belated and lodged by the ITo concerned subsequnetly put an application before Commissioner of income tax wherein stating the facts for non filing for your claim. the CIT may allow or not depending upon the facts of the case

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