failure to file return

Hi dude,

If you don't file the return within the due date, you cannot claim refund of TDS.

In respect of non-filing of return, you will be liable to pay the penalty @ 1% on amount of total tax (that you WOULD HAVE to pay).

Period of calculating penalty will be - from the due date of return TO date of completion of assessment.

You cann't claim refund from IT Dept.without filing your ITR. for the FY 07-08, you can file return upto March 2010 without any penalty but after that provision of penalty of Rs.5000 is there.(in the case of non audit case or we can say individual IT return.). Before releasing refund, department may issue a show cause notice asking why they should issue refund in case of belated filing of IT Return and you should reply so that ITO get satisfied with you reply.