Income tax return

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

02 May 2013 Assessee filed his return of income for the A.Y. 2007-08 on 14.12.2007 in Saral Form as filing of Return on Saral Form was allowed by Allahabad High Court. Later on, Stay of Allahabad High Court was vacated by Supreme Court and direction was issued to file Income Tax Return by All the Assessees in new Form – 4 upto 28.02.2008. The assessee could not file return again in new Form – 4 upto 28.02.2008. But later on, assessee filed Return in new Form – 4 on 24.03.2009. The assessing officer states that the original return was filed after due date and hence assessee is not entitled to file revised return. That’s why assessing officer is not completing assessment on the return filed on Saral Form on 14.12.2007 stating that it is not a valid return as the assessee didn’t submit return on Form – 4 upto 28.02.2008 and assessing officer is not completing assessment on the return filed on 24.03.2009 stating that the assessee was not entitled to submit revised return as the original return was filed after due date. Please advice.

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

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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13 June 2013 You have submitted the return which is not illegal but it is not a valid return. Intimate the ITO to issue 148 and regularise the return. If there is refund then it can be allowed. If ITO is not processing then best way to file a petition before CBDT.

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