02 October 2010
A primary school which has registered u/s 12A but not taking any grant or donation ,the gross receipts of that school is near abt 200000/- & it doesn't hv taxable income this year nor in last three years but since it is regd u/s12a it is getting it's books audited & filing return each year but is this necessary for this school to file return as income tax officer is not accepting ITR 7 saying to file online but ITR 7 can't be filed online what to do?
I know one other NGO which was regd u/s 12A but not filing return for last few years.what will be it's consequences?
02 October 2010
As per section 139(4A), the institution has to file return of income voluntarily irrespective of whether there is taxable income or not,in view of the fact that gross receipts(Rs.2 lakhs) exceeded the maximum amount which is not chargeable to tax.
The institution is bound to file ITR-7 in paper form (not e-filing) by virtue of proviso(b) to Rule 12(3) of the Income tax Rules,1962. The above legal position may be pointed out to the ITO and make him understand for the purpose of accepting paper return in ITR-7. If again ITO is not accepting the return ,interference of higher authorities may be sought for.