My friend is NRI and he did not filed return for A.Y. 2010-11 to A.Y. 2012-13. He is entitled to refund in all these years. Is there any way to file return now and claim refund?
Thanks
CA Parth Rajendra Almaula
(Chartered Accountant)
(85 Points)
Replied 01 May 2015
Dear Shalini,
I do not think that refund will be claimed now as the due date for the filing of return is over. However for the proper clarification, consult the concerned Income Tax Officer.
Thanks.
vipul gandhi
(Proprietor)
(28 Points)
Replied 01 May 2015
CA HAYEDAR SHAIKH
(Practice )
(622 Points)
Replied 01 May 2015
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
Rajesh Kumar Gupta
(Senior Divisional Manager)
(714 Points)
Replied 01 May 2015
CAclubindia
