02 January 2014
My Friends dad has not filled return for last 3 years (i.e A/Y 2011-12, 2012-13 and 2013-14)... Income Tax site is not accepting return for a/y 2011-12 bcoz time to file return for that year has expired...but he as TDS amounting Rs. 73000/- which he want to claim as refund for a/y 2011-12....
What can be done to file return and claim refund...
02 January 2014
there are two ways. One is to request AO to issue 142(1) notice and file return in response to such notice. or file a request for refund under 119(2).
02 January 2014
you need to meet the AO personally. issuing order under 142(1) is totally at the discretion of the AO.
under 119(2) you have to request the jurisdictional CCIT/CIT for issue of refund. This procedure is a complicated one and advisable only where huge tax refund is pending.
02 January 2014
In your case you better go with condonation petition u/s 119(2)
Kindly refer to Section 119(2) of income tax act read along with Circular 08/2001 dated 16/05/2001 . . . you need to apply for condonation,,,once your request accepted you can file your return and it will be acceped and you may get your refund . . Kindly hire a tax consultant and he will take care of procedure...( i can say it is some complex procedure,,dont go for refund unless you have material refund amount)
02 January 2014
PROCEDURE TO FILE BELATED RETURN IN THIS CASE:-
1)File the refund-return before the Assessing Officer, but with a copy of a Condonation Petition addressed to the CIT.
2)The Condonation Petition should explain how the conditions prescribed in the CBDT's public Circular regarding condonation under S 119(2)(b) are satisfied.
3)Generally The delay has to be condoned by the CIT.however it is discretion of CIT ,,but department not bound to accept
4)Therefore prepare an Application (no prescribed Form) in Duplicate, explaining reasons for the delay, and praying for its condonation; send one copy to the CIT, and the other copy shall be attached to the belated return filed before the Assessing Office
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