Late filing of return

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

04 March 2012 I am aware that we cannot file return older than last 2years (i.e. as on date we can only file return for A.Y. 2010-11 and 2011-12.

But on the website of https://incometaxindiaefiling.gov.in/portal/index.do i see there is an option to file return even for A.Y. 2006-07 ( https://incometaxindiaefiling.gov.in/portal/uploadXML.do?assyr=2006 )

Now my question is:
1. Is it possible to file return using this link?
2. If yes, can we claim refund of TDS that was deducted at that time?
3. If no, any possibility of adjusting TDS with current year if income in the year in which TDS was deducted was actually lower than Basic limit. i.e. say income was 70000 and TDS deducted was 10000(as per Form 26AS)

Experts kindly help me on this.

Thank you

CA PARAS BAFNA

CA PARAS BAFNA (Expert)
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04 March 2012 IT MAY BE POSSIBLE THAT WHATEVER THE PORTAL
SHOWS, MAY NOT WORK. WHENEVER , THE DEPARTMENT'S GARBAGE CONTAINER OR PICK UP VAN WILL COME TO THE SITE, IT WILL REMOVE IT FROM THERE.
.
1. FOR THE POSSIBILITIES YOU MAY TRY. I AM SURE YOU WILL NOT BE ABLE TO FILE RETURNS OTHER THAN AY 2010-11 AND AY 2011-12.
2. IF YES... THAN INFORM TO ALL OF US.
HOWEVER, RETURN MAY BE DEEMED AS IF NOT FILED AND AS SUCH REFUND CAN NOT BE CLAIMED CLAIMED.
3. IN MY VIEW, IF YOU WANT TO CLAIM EARLIER YEAR'S TDS IN CURRENT YEAR'S RETURN, THE PRIME REQUIREMENT IS , YOU MUST HAVE FILED
THE RETURN OF THAT EARLIER YEAR. IN CASE YOU DO NOT CLAIM WHOLE AMOUNT OF TDS, THE REMAINING AMOUNT CAN BE CLAIMED IN THE SUBSEQUENT OR LATER YEAR.
4.
IN THE CASE OF GENUINE HARDSHIP TO THE ASSESSEE, OR IN MERITORIOUS CASES, YOU MAY PROCEED UNDER SECTION 119(2)(B).
FOR THIS YOU HAVE TO TAKE GUIDANCE OF A PRACTISING CA.

Prakash Kochar

Prakash Kochar (Expert)
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07 March 2012 In case of genuine hardship return can be filed u/s. 119(2)(b)for balated claim of refund under CBDT circulars issued.
Ref. :Regarding - to admit refund claim u/s. 237 arising as a result of excess advance tax or TDS paid. Ref. CBDT circular No. 670 dated 26-10-1993(71 Taxmann33(Sta) / 204 ITR (154 & 155 Sta) order No. F No. 225/208/93/ITA-II dated 12-10-93. Upto limit of Rs. 100000/- balated refund claim can be submitted for earlier periods.
(09850350854)

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