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
30 October 2013
Please note sec.119(2) can be used to file returns only if you have income tax refund or loss in said assessment year,if you have tax payable you cannot file returns with this .. . . IF CIT condones your delay your returns will be accepted and you may receive refund . . GO AHEAD AFTER CONSIDERING REFUND YOU GET AND COSTS YOU NEED TO PAY TO PROFESSIONAL FOR THIS
30 October 2013
Delayed return be filed after a lapse subject to the discretionary power of the Commissioner of Income Tax under section 119 (2) of the Income Tax Act of 1961. The Commissioner of Income Tax could grant permission condoning the delay of filing the return and allow the refunds arising out of such return, strictly based on the merit of each case.
It may also be noted that if an assessee would like to file his return, without involving any refund – such returns could be filed for the purpose of record and NO RETURN COULD BE FILED INVOLVING REFFUND, without obtaining the permission from the Commissioner of Income Tax for condonation of delay..
30 October 2013
Application to be made to the Commissioner
The delayed return could be prepared – either it could be filed at the office of the assessing officer – acknowledgement obtained and the copy of the same is attached with the application in Form-30 under rule 41 along with a covering letter which could be forwarded to the Commissioner or, the application form – 30 along with the return and a covering letter is submitted.
It is suggested that the return be submitted to the assessing officer, photocopy attached to the Form-30 and the covering letter and forwarded to the Commissioner for required permission / condoning the delay in filing the return.
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