Can income tax return be filed before the end of F.Y.

Tax queries 2266 views 11 replies

My question is can we file return of income before the end of the financial year i.e. for the financial year 2009-10 can i file my return before 31 March 2010? The section 174 is not applicable as the assessee in not leaving India permanantly. 

Replies (11)

then whats the reason behind filing of return before the year end? and i dont think you can file the same in given situation

Mr.Nikhit and CA Nikhil Gupta

As per the provisions of section 174 of Income-tax Act, 1961 Assessment of a person who is leaving Inida  and has no present intention of returning to India, the total income of such individual for the period from the expiry of the previous year for that assessment year up to the probable date of his departure from India be assessed to income-tax.  For this purpose as per the provisions of sub-section (4) of section 174 the Assessing Officer will issue a notice to the assessee requring him to file a return of income within such time not being less than seven days.

As explained above the return of income can be filed before completion of financial year.

Hope both of you hav e got clarification.

Best Wishes

Sathikonda

i dont think so that income tax return can be filed before the end of the financial year except in case of Sec.174
 

But as said in question, section 174 is not applicable, thats why i replied why and hows it possible to file a return before end of year.

 

In your case, it is not possible for file the return before the end of the financial year.

As I feel A.Y. is commence on from the 1st of April 2010 and when sec. 174 is not applicable. U can not file the retrun before the date of commencement of the A.Y.2010-11 and further Retrun will not be availbale on net as well as mannual. If any expert hav different opinion pl. let me know.

surana, Chennai

09952967237 

I agree with Mr. M. M. Surana. If for a moment we forget about provisions of Income Tax Act, at least due to non-availability of Return, you cannot file it before end of FY. 

Mr Surana and Mr. Yogesh,

 

This is due to current scenario that the ITR's are different for each assessment year. However, before ITR the returns were submitted in From 2D (Saral). In that case, same format was used for any assessment year. Even pre-printed forms didnt contain any detail of assessment year printed. One had to manually file it. So the question of filing the Return before the end of Financial Year doesnot come. Except under the Sec. 174, Income Tax Return cannot be filed before the end of financial year.

 

Morever, even if the government provides us the ITR in advance, one cannot file it before. So rather than considering the non-availability, consider the Law.

Mr. Kabra...

In respect of pre-printed forms, there is Assessment year printed. If you try to file ITR of Previous AY in I.T. Dept., they will not accept it.

Anyway, as a CA Final student, I HAD to concentrate on Law instead of non-availability. I will keep this in mind in future. Thnx.

 Mr. Yogesh,

Kindly re-read my reply. I was talking about the earlier income tax return form i.e. Saral - Form 2D. On it there were no A.Y. Details pre-printed.

Hello All

You all please read the verification part of the every return form,                                                             

              son/ daughter of                                                   , holding permanent account number ____________ solemnly declare that to the best of my knowledge and belief, the information given in the return and schedules thereto is correct and complete and that the amount of total income and other particulars shown therein are truly stated and are in accordance with the provisions of the Income-tax Act, 1961, in respect of income chargeable to Income-tax for the previous year relevant to the Assessment Year 2009-10.

If anybody files even mistakenly a return of income before the completion of the FY, it will be an invalid return as the verfication is not correct because, that person is certifying that the particulars and information in the return are correct and complete.  Before completiton ofthe FY all theparticulars are not complete.

Please correct me if I am wrong.

Best Wieshes

Sathikonda


CCI Pro

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