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Related to refund of tax

This query is : Resolved 

01 September 2009 If I Filed late return then :
a)Will it affect my refund in general.
b)If I Filed late return ie on 1/09/2009 for the AY 2007-08,Will I be eligible for refund.

01 September 2009 REFUND AS PER BELATED RETURN IS ALSO GRANTED.

IF IF A RETURN IS FILED AFTER IT HAS BECOME TIME BARRED ITS NOT VALID RETURN HENCE NO REFUND

01 September 2009 Yes u r eligible for Refund

01 September 2009 Yes u r eligible for Refund

02 September 2009 a) If the return is belated,but filed within the time limit prescribed, refund will also get delayed.

b) The return filed is beyond due date specified in section 139(4) of The income tax Act,1961 and hence a nonest return. Refund will be denied.

Citation :- CIT Vs. Bhagwandas Amersey 50 ITR 239(Bom).

But there is a decision of Kerala High Court contrary to the above decision which I am serching for and shall forward the citation if I get that.


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