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Income tax refund for previous years

TDS / TCS 409 views 5 replies

Hi friends,

My mother is a house wife, so we never felt the need to file income tax returns. We just filed a return on her name this year and during the process we randomly checked her Form 26 AS and realised that over the last 5 years there has been Tax Deducted against her PAN by Allahabad Bank. We then recalled that there was a joint FD on my father & mother's name over there for Rs10lakhs , so the bank might have deducted TDS against that interest income (in the range of Rs10,000 each year roughly). All put together there us TDS if Rs65,000 for last 5 years.

Could you please advice how do we claim these refunds as my mother's income is less than minimum limit (even assuming a share from interest due to joint FDs). Please advice if we are allowed to file ITRs for previous years and if yes how do we do that.

Appreciate your advice and help in this regards.

Thanks & Regards,

Murthy

 

 

Replies (5)

You have to apply for condonation for delay in filing return u/s. 119(2b) of IT act, with your Jurisdictional ITO, for filing return of preceding years, with reason as stated above. 

As & when the request is processed, you can file these ITRs online, u/s. 119(2b), with the acknowledge number received. As such you can ask for the refund.

For more details click on these links...

1. guides/section-119-2b

2.  Circular 9_ dated 09/06/2015

3.  section-119-income-tax-act

In normal course you can not file.

However you can apply to your jurisdictional AO or online e-filing site (under my accounts - Request) under 119(2)(b) for condonation of delay for each assessment year with genuine reasons and after it's approval you can file return for those Assessment years and claim TDS amount

1. Yes as explained by experts above, condonation for the delay in filing the ROI u/s 119(2)(b) is to be filed within 6 AY from the AY in which the return is to be filed. 
2. In your case since 6 AY has not expired, condonation for the delay in filing the ROI can be made to Principal Commissioner or Commissioner through online. 
3. Acceptance or rejection of such application is entirely at the discretion of the income tax officer who is in receipt of such application. Since your mom does not have income above the basic exemption slab limit. She is not required to file her ROI in the first place. By deduction of TDS return is required to be filed by her for claiming the refund. There should not be a problem with respect to the acceptance of your application. 
Please correct me if the above solution has an alternative view. 

Thanks much for the advice.

Thanks much for the advice


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