Income tax return

This query is : Resolved

jay arya......... (Querist)
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25 June 2010

Hello Friends

Plz solve my problem , a assesse had not filied income tax return in F.Y 2007-08 & 2008-09 because his tax laibility was nil but now he find out tds deduted Rs, 10000 & 12000 at that time so, can he climed refund with department, plz tell me what is the rule as per income tax a/c

thanks

CMA.Palani Arumugam

CMA.Palani Arumugam (Expert)
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25 June 2010 For the F.Y.2007-08, you cannot file the return now, since it is time barring.

For the F.Y.2008-09, you can file the return and claim for refund.

CA Kalpesh Gokani

CA Kalpesh Gokani (Expert)
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25 June 2010 Assessee cannot claim refund without filing return. Assessee can file belated return for F.Y. 2007-08, upto 31st March, 2010 only and for F.Y. 2008-09, upto 31st March, 2011. So he cannot claim refund for F.Y. 2007-08 now as time limit of filing return has passed. But he can claim refund for the F.Y.2008-09 after filing the return on or before 31st March, 2011. If AO issue notice for filing return for F.Y. 2007-08, at that time he can claim refund for F.Y. 2007-08.