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Can i fill my previous year ITR

CHANDAN JANGID (Lead A & F) (61 Points)

15 December 2012

Dear Sir,

I have not deposited any ITR in previous year coz my income was not Taxable. But now I filling my previous two year ITR i.e. F.Y. 2010-2011 and 2011-2012. Please tell me can i filling my Previous NIL Returns. I am salaried person but my salary is not taxable. Please tell me urgent which amount of penalty shall be applicable.

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17 Replies

geetha (student) (409 Points)
Replied 15 December 2012

yes u can file the nil returns for a.y 10-11 and a.y 11-12

i dont think any penalty will be levied .

Sivaguru SM (Tax Consultant) (235 Points)
Replied 15 December 2012

as per Chandan FY 2010-2011 is AY 2011-12 is last date for filing 31st March 2012 which already over. for FY 2011-2012 is AY 2012-13 is last date for filing 31st March 2013. For AY 2011-12 you have contact Your Assessing Officer and request him to not levy penalty u/s 139 sub section(7)

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CA Neha Chauhan (Chartered Accountant) (574 Points)
Replied 15 December 2012

Originally posted by : CHANDAN JANGID
	Dear Sir, I have not deposited any ITR in previous year coz my income was not Taxable. But now I filling my previous two year ITR i.e. F.Y. 2010-2011 and 2011-2012. Please tell me can i filling my Previous NIL Returns. I am salaried person but my salary is not taxable. Please tell me urgent which amount of penalty shall be applicable.

Hi Friend,

You can file your return for the F.Y: 2010-11 till 31/03/2013 and F.Y: 2011-12 till 31/03/2014 as belated return. There is a provision for penalty under I.Tax for non filing of Return within due date and it is Rs.5000/- which can be avoided by giving valid reason for non filing of Income Tax Return within due date to A.O.

Regards,

Neha Chauhan

B.Com, ACA

C.A SUVAJIT SAHU (CA ( In Practice )) (708 Points)
Replied 16 December 2012

HI CHANDAN...............

as per sec 139(4) , a person can file a belated return before expiry of one year from the end of relevant Assessment year.

so,maximum time limit to file belated return for A/Y 2010-2011 is 31.3.2012 which is already expired.

hence, you are not eligible to file belated return for A/Y 2010-2011 .

however ,you are eligible to file belated return for A/Y 2011-2012 & 2012-2013 ie for FY 2010-2011 & 2011-2012 repectively.

THANKS,

SUVAJIT

CA rahul (BCOM(H) ACA) (725 Points)
Replied 16 December 2012

hi friend

penalty under sction 271 F for non filling of return is not manadatory in nature .if assessing officier is satisfied there is genuine reason , then penalty would not be leived.

M K U VARMA (PROPRIETOR & CEO) (38 Points)
Replied 16 December 2012

A "NIL" return of income will not be taken cognizance of by the IT dept. But, there is problem to upload the return. Physical filing may be not allowed by your jurisdictional ITO.

M K U VARMA (PROPRIETOR & CEO) (38 Points)
Replied 16 December 2012

Pls read it as "THERE IS NO PROBLEM TO UPLOAD A NIL RETURN."

Rajnikant Vadigoppula (CA, CS And CMA Final) (919 Points)
Replied 16 December 2012

DEAR CHANDAN,

U CAN FILE U R ITR OF FY 2010-11 UPTO 31/03/2013. IF IT IS NIL RETURN THEN PENALTY OF RS.5000 WILL NOT BE LEVIED.

FEEL FREE TO ASK FOR DETAILS........

Chandan Singh (Professional) (270 Points)
Replied 16 December 2012

yes brother u can file the return of both d year

bez time limit is within ( A.y + 1 year )

if not filed with in A.y then Penality of RS 5000 apply but it depends on A.O....

manoj kumar (student) (41 Points)
Replied 17 December 2012

yes dear, U can file your Incometax Return for FY 2010-2011 and 2011-2012.But do it fast,if u need it .Bcoz for F.Y.2010-2011,ITR can be filed only by 31.03.2013.

There is a penalty of Rs.5000/-.This depends on the discretion of A.O.

But,i think he will not levy the penalty(bcoz income is NIl and there is no loss to revenue).

satish kumar voleti (A.C.A., (ICWAI)) (1686 Points)
Replied 17 December 2012

F. Y. 2010- 2011 relevent A Y 2011-12 which can be filed belated up to 1 year of A Y i.e March' 2013.

F. Y. 2011-2012 relevant A Y 2012-13 which can be filfed belated up to 1 year of A Y i.e. March ' 2014.

so you can file your returns up to financial year ending 31/03/2011,,

no other older return can be filed...

Lalit (Bikaner) (52 Points)
Replied 17 December 2012

Taxable. But now I filling my previous two year ITR i.e. F.Y. 2010-2011 a

Read more at: /forum/details.asp?mod_id=231343#.UM7F5FK2oxI

You can file your a.y 2011-12 return with out penalty if your income does not exceed the exemption limit till 31-3-2013.

Now you can file your two years return

Manju (Service) (116 Points)
Replied 17 December 2012

For Previous year 2011-2012 - Return can be filed till 31.3.2013.

For Previous Year 2010-11 - Return could have been filed till 31.3.2012 without penalty. Now this would be called belated return. Last date of belated return is 31.3.213. Penalty of Rs.5,000/- may be imposed u/s 271F.