Belated return with refund can be filed ?

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Income Tax Return for time barred A.Y. , say A.Y. 2009-10, with refund claim, can be filed?  Is any circular for filing belated returns with refund claim ? What are procedure and consequences ? Thanks & Regards.

Replies (5)

No there are not any provision in Income TAx Act to file Belated retrun after end of First Assessment year.

Expect only when notice U/s 148 has recevied.

In Present Case u can not file ITR & not claimed Refund

ithink yes. but also there would be penalty

wait for more replies

Originally posted by : jaynish parekh

Income Tax Return for time barred A.Y. , say A.Y. 2009-10, with refund claim, can be filed?  Is any circular for filing belated returns with refund claim ? What are procedure and consequences ? Thanks & Regards.

- you have to apply to CIT for submission of prior period return, stating the facts and reasons for non filing. penalty u/s 271 may be initiated.

- such belated returns is usually taken as concealment of income of prior periods, so maintan caution.

Completely agreed with Mr.USSharma.

If and only if there is strong case for not filing the returns you can apply to the CIT.

I think there is no remedy available for such assessee to file return of income for AY 2009-10.

It may some tym due to excetional factor ITO agree with return as per sec 148. but otherwise as per my inquiry with PRO, AYAKAR BHAVAN Mumbai on this tuesday on same case- the return can not be filed now


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