Non Filing of ITR since AY 2007-08 by Individual

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Guest

Guest (Querist)

13 October 2009 A is doing proprietorship business.

A has not filed his ITR since AY 2007-08.

Now, A has TDS Certificates from his clients for the relevant years.

There may be a situation for A for some tax liability.

Now, A wants to file his ITR from AY 2007-08 to till the current AY.

What will be the situation for non-filing of ITR since AY 2007-08 ?

Whether he is eligible to claim his entire TDS Certificates ?

What are the applicable sections under which, A is liable for taxes and interest ?

What are the liabilities for A due to non-filing of ITR since AY 2007-08 ?

Await the response of experts.

CA SANJAY MUKHERJEE

CA SANJAY MUKHERJEE (Expert)
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13 October 2009 You can file return for and from AY 2007-08, can claim the TDS as per cerificates( Form 16A), if after deducting that you have to pay Tax then u also have to pay interest under Sec 234 (A) and may be 234B and C depending upon the tax amount. You may have to pay penalty of Rs. 5000 under sec 271F if imposed by Assessing Office after filing the Return and this is also applicable for AY 2008-09 also. For AY 2009-10 u have time till 31.03.2010 i.e u can file befire that penalty will not be there for AY 2009-10.

CA Devanshi Gandhi (Ajani)

CA Devanshi Gandhi (Ajani) (Expert)
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13 October 2009 time limit for filling return of ay 07-08 is over.

Juzer Sadikot

Juzer Sadikot (Expert)
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13 October 2009 Dear Deekey,

I dont think you can file ROI for A.Y. 2007-08 becuase of following;

1) You are not eligible to claim refund for that year
2) ROI for A.Y. 2007-08 is time bared.

If you were having tax position as refund then you can apply for Condonation of Delay and then after file ROI. However in ur case, you can file a letter to AO enclosing ITR and other related infor of A.Y. 2007-08 and ask him to make your assessment. Please note that the penal consequences shall be attracted for non-filing of ROI and others as per Sanjay Sir answer.

thanks

CA SANJAY MUKHERJEE

CA SANJAY MUKHERJEE (Expert)
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13 October 2009 Hi

As expert Juzer and Devanshi said time for filing return for A.Y 2007-08 expired on 31.03.2009. subject to condonation of delay.

However you can try to e file as the Income Tax site still shows the filing option for AY 2007-08 and if you get the acknowledgement( in absence of digital signature) from bangalore it will be great.

If system don't accept the efiling then you will have no other option but to approach your AO, as expert Juzer suggested.

But I got experience of efiling of time barred return. Just try it and then let us know.

Guest

Guest (Querist)

13 October 2009 Dear Sanjay,

Thanks for your reply and I shall make my attempt.

It may be noted that from AY 2009-10 onwards, CPC Bangalore is applicable. Prior to that, we need to approach our local ITO only.

Please correct me, if my above statement is not in order.

Once again, thanks for your views.

CA Devanshi Gandhi (Ajani)

CA Devanshi Gandhi (Ajani) (Expert)
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13 October 2009 yes ur right from AY 2009-10 onwards u need to send acknowledgement to CPC Bangalore

BALASUBRAMANYA B N

BALASUBRAMANYA B N

(Expert)
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13 October 2009 You can file for fy 2007-08, i filed so many returns and submitted in department and got seal also.March 2010 is last for filing fy 2007-08..

Guest

Guest (Querist)

14 October 2009 Dear Bala,

Thank you for your response.

I may mention here that my query is with regard to AY 2007-08. Now, you may speak out on the matter.

BALASUBRAMANYA B N

BALASUBRAMANYA B N

(Expert)
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14 October 2009 oops sorry dint see that, ay 2007-08 was march 2009 last over...now you cant file, for filing you contact department,

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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14 October 2009 Respected experts
Pl note that as per section 139(4) return for the assessment year 2007-08 cannot be filed being barred by time. If at all it is e-filed CPC has the power to declare the return so filed as invalid.

Ref:- Notification 75/2009 dated 30/09/2009.

CA SANJAY MUKHERJEE

CA SANJAY MUKHERJEE (Expert)
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16 October 2009 Respected Warrier Sir,

Thanks for informing about this notification.

Best regards,

Sanjay

"iv) to declare return of income filed by the assessee as invalid return for non compliance of procedure or otherwise;"