ITR filing after time bar

ITR 680 views 12 replies

ITpro

Manager

27 Points Joined January 2018

Dear Sirs,

I was a salaried employee paying taxes from 2007 till 2014. I just discovered that my ITR was not filed for AY 2011-12, 2012-13 & 2013-14. I had a travelling job and all tax filing was supposed to have been taken care of my accountant's intern who led me to believe that he has done the needful. Anyways my fault!.

On the income tax website I spot 4 notices (Section 192, information code TDS-92b and TDS-192A) and I only realized the whole scenario recently when I registered on the incometax efiling website. I am not sure if they have sent me other notices under 142(2)/144 via post.

Please guide as to what I should do to deal with this problem. Can I still file a condonation of delay now for AY 2012-13 and 2013-14 ??

Thanks in advance

Replies (12)

ajeet singh

1392 Points Joined July 2017

yes u can file condontation for last 6 years

ajeet singh

1392 Points Joined July 2017

u can contact me for more details https://www.facebook.com/Income-tax-consultant-return-filing-refund-assessment-144400332927895/

RAMAKRISHNAN R

INCOME TAX OFFICER

1736 Points Joined February 2014

for those A.Y.s if tax had been deducted already there's nothing to worry. however, department is issuing notices to all non filers. so ascertain from your jurisdictional AO whether any notices have been issued to you and respond accordingly. condonation will be entertained only when there's any refund.

ajeet singh

1392 Points Joined July 2017

https://www.facebook.com/Income-tax-consultant-return-filing-refund-assessment-144400332927895/

ITpro

Manager

27 Points Joined January 2018

Ajeet Singh Ji, Thanks very much. How can I deal with AY 2011-12?

Also, Please clarify one more thing about Condonation of delay. When you say 6 years, does it mean that for AY 2012-13, condonation can be filed before 2018-19?? I mean how/when does the 6 years actually work?

Thanks sir

RAMAKRISHNAN R

INCOME TAX OFFICER

1736 Points Joined February 2014

for a.y. 2011-12, six year time period expires on 31/03/2018

ITpro

Manager

27 Points Joined January 2018

Mr. Ramakrishnan, Thank you very much for your reply. Gives me hope that I can file for condonation of delay and pray it is accepted.

I believe CoD can be drafted on plain paper and submitted via post to Commisioner IT of my jurisdiction and only when he accepts, I will be allowed to file returns. Am i correct sir? Any other papers to submitted along with this application? process involved?

ajeet singh

1392 Points Joined July 2017

form no 30

ajeet singh

1392 Points Joined July 2017

Time limit for accepting claims

If there is any claim for refund or an application is made for allowing loss it cannot be condoned (or pardoned) after 6 years from the end of the assessment year for which such application/claim is made. This time limit of 6 years is applicable to all the 3 authorities listed above.

ajeet singh

1392 Points Joined July 2017

also enclosed prepared return copy that u going to file

RAMAKRISHNAN R

INCOME TAX OFFICER

1736 Points Joined February 2014

generally, condonation petitions would be filed after filing return of income if there's any refund. after your condonation application, you'll be heard by your jurisdictional AO and based on his report, your returns will be condoned

ITpro

Manager

27 Points Joined January 2018

Thank you once again Mr. Ajeet for your input.

Mr. Ramakrishnan, thank you yet again for your input . Although I have no prior experience in the subject matter, I read online that the AO usually refuse to accept the return filing as it is time barred unless the delay has been condoned by the big boss. Also, the fact that this type of returns have to filed manually makes the process difficult. Many of you have direct knowledge so I will take your suggestion at face value.

Here is what I plan to do:

1. Write a plain paper application to the CIT requesting for CoD explaining the reasons for delay. As per Mr Ajeet's suggestion, I will also enclose a copy of the return.

Alternatively...

1. Meet the AO first and check whether he will accept my returns along with a simultaneous application of CoD.

Since the CoD process flow is not well defined I may have to do it by running from pillar to post. But I am just glad to know from you all that its still possible to salvage the situation.

I appreciate all your help so far.