Practice
627 Points
Joined June 2014
Dear Shalini,
Section 139(4) states that every assesse can file his/her belated return with in one year from the end of the assessment year relevant to previous year or before completion of assessment u/s 142(1).
As per the section 271F, if a person who is required to file income tax return under section 139(1) of the Income Tax Act 1961, fails to file the income tax return before the end of the relevant assessment year, a penalty of Rs. 5000/- shall be leviable.
If you want to claim refund, you need to obtain permission from Commissioner of Income Tax. He could grant permission condoning the delay of filing the return and allow the refunds arising out of such return, strictly based on the merit of each case.
It may also be noted that if an assessee would like to file his return, without involving any refund – such returns could be filed for the purpose of record and NO RETURN COULD BE FILED INVOLVING REFFUND, without obtaining the permission from the Commissioner of Income Tax for condonation of delay