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Penalty leviable or not

This query is : Resolved 
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(Querist)
08 April 2013 If a person file is IT Return after one year from the completion of assessment year,then he has to pay the penalty of Rs.5000.
Now,in case the person having the Tax Credti(TDS)of that year for which above limit limit has been expired, then whether he would liable for payment of penalty?
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PALASH

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PALASH (Expert)
08 April 2013 FIRST OF ALL, I WOULD LIKE TO SAY THAT , YOU HAVE DONE A GREATTTTTTTTTTTTTTTTTTTTTT MISTAKE ( 1ST & 2ND LINE ) IN YOUR QUERY, BECAUSE...
AN ASSESSEE CANNOT FILE HIS IT RETURN, AFTER ONE YEAR FROM THE COMPLETION OF ASSESSMENT YEAR , AS SUCH KIND OF RETURN SHOULD BE TREATED AS AN ' INVALID RETURN '.
&
TDS & NON TDS IS AN IRRELEVANT MATTER , BECAUSE YOU HAVE TO FILE YOUR RETURN WITHIN A ONE YEAR FROM THE END OF IT'S RELEVANT ASSESSMENT YEAR, UNDER ANY CIRCUMSTANCES.
Thanking You,
PALASH RAKSHIT.
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Jignesh R Satapara

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Jignesh R Satapara (Querist)
06 May 2013 my apologize Mr.Palash Rakshit.
There was a typing mistake in the Question.
Anyway thank you for your reply.
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