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Ajit Bagadia (Querist)

11 December 2013 We have forgotten to file the return for A.Y 11-12, TDS refund is there but we are unable to upload the return since it is time barred. What is the remedy?

Ganeshbabu K

Ganeshbabu K (Expert)

11 December 2013 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

Ganeshbabu K

Ganeshbabu K (Expert)

11 December 2013 Please note sec.119(2) can be used to file returns only if you have income tax refund or loss in said assessment year,if you have tax payable you cannot file returns with this
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IF CIT condones your delay your returns will be accepted and you may receive refund
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refer my discussion in lawyers club india
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https://www.lawyersclubindia.com/experts/Procedure-to-file-time-barred-incometax-return-394341.asp#.UmU4kvmnq3g

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