E-FILING OF RETURN

1109 views 7 replies

We have e-filed an ITR -4 on 15th Sept. 008 without digital signatures but  could not present the ITR-V to the Local ITO duly signed by the client. It is presented on today i.e. on 5th JAN. 2009 .

The assessee was audited u/s 44AB of Income Tax Act.

WHAT WILL BE TAKEN AS DATE OF FILING OF RETURN - IS IT 15th Sept 2008 or 5th Jan. 2009. WHAT ACTIONS LIKELY TO BE TAKEN AGAINST THE ASSESEE BY THE DEPARTMENT?

- ca sudhir halakhandi

 

Replies (7)

If  you file the acknowledgement within 15 days of date on which return was filed on IT site, the date will be the date of filing on site. But in case if you have filed after 15 days , tha date will be tthe date on which the ITR V is filed.

In your case the date of filing the return will be 5 Jan 2009.

 

 

Yes thats right. The date of filing here will ordinarily be jan 5,09. However, an excuse can be sought for on the grounds of genuine reasons for the delay. 

Yes, both are right. Date of Filing of Return is 5th Jan. 2009 and the actions might be taken by the assessing officer for late filing of the return.

 

yes the date of e- filling 5 jan 09 and department  will be take action for late filling of return

yes date of filling of return will be 5th january

 

In my opinion the return filed on 15th Sep will be traeted as Null since you haven't submitted it within 15 days of e-filing & Acknowledgement will not be treated as true.

ACCORDING TO MY POINT OF VIEW, IN ADDITION TO ABOVE VIEWS PROVIDED, U SHOULD NOT HAVE CARRYFORWARD ANY LOSS TO THE NEXT YEAR , SUCH RETURN WILL BE CONSIDERED AS BELATED RETURN. AND I DID NOT FIND ANY PENALTY IF THERE ANY PLS REPLY IN PRENALTY SECTIONS.


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