Refund-time barred return

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Priya Joshi (Querist)
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26 August 2009 Assessee has not filed I tax return for fy 06-07 despite of the fact that it was a tax audit case. Now he is filing return in response to a notice. He has paid self assessment tax after receiving the notice. But after completion of tax audit, it was found that there is no tax liability. Can we get refund in this case?

Navin

Navin (Expert)
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26 August 2009 In my opinion the normal provisions of the Income Tax Act shall apply even to such a return filed in response to a notice and there is no reason for the IT Officer to deny the refund. i would suggest if you search for some case laws.

chetan soni

chetan soni (Expert)
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26 August 2009 yes, as the return is filed in response to notice issued. But make a note that he needs to pay the penalty for not getting the tax audit report u/s 271.

Ankur Garg

Ankur Garg (Expert)
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27 August 2009 Yes Penalty is payable in your case.

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