Income tax return

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jay arya......... (Querist)

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)

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)

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.

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