ITR for A.Y 2008-09 & 09-10

Dear Hemant,

Well filing of ITR is not compulsory as you are not in a position to pay tax and you don't have any taxable income. Moreover the ITR for A.Y. 2008-09 can be submitted but it can be possible with the prior permission of the Income Tax Officer / Assessing Officer of your Range.

In case your employer is not providing you the TDS Certificate than you don't need so. As under the current system of Income Tax you don't have to submit the TDS Certificates along with the ITR. You can claim the Refund. and for that you can take the data and the necessary information of your TDS i.e. TAN No. of the Employer, Name of the Employer, Address of the Employer, Amount which was deducted.

These informations are required to claim the TDS. With the help of TAN No. the income tax authorities are able to track and locate the TDS deducted by your Employer.

After filling the return you can get the refund and moreover don't forget to file the ITR's for all the consequent Years. After the acceptance of your Return i.e. A.Y. 2008-09 you must file the returns for A.Y. 2009-10 and A.Y. 2010-11 altogether.

Regards,

Rahul

IPCC Student

You can claim refund... take a print of 26AS and submit the same along with the return.

I am no expert, but this is what happens practically ... might as well try it at ur end.

you can claim refund  by providing TAN NO, employer name and address in your return. no need to to attach TDS certificates to your return

Might be Yes that's up to 31.03.2010 but i am not dam sure. Actually as per my knowledge an assesse can submit the return between the period of 2 next years without getting any permission from ITO

In case if you have crossed the deadline than it can be submitted by getting prior permissions from Assessing Officer.

Dear Sir,

Sorry for my mistake the correct question is  

Can an Individual file ITR -4 for F.Y. 08-09 up to 31st March 2011 ?

If yes, some CA says for penalty of Rs. 5000.00 is this true

Can an individual file ITR-4 without penalty for FY 08-09

If not then why DIT allowed filing ITR for the same

Thanking you

Well as per my knowledge the previous returns are allowed to be filled upto the maximum of 3 years (Some of them required permission). Currently A.Y. 2011-12 is running than if we start to count the previous years than it was as like:

A.Y. 2010-11 (1st Previous Year)

A.Y. 2009-10 (2nd Previous Year)

A.Y. 2008-09 (3rd and last Allowed Previous year)

But for filling return for A.Y. 2008-09 it needs to get premission from Assessing Officer or ITO. He will define you the section under which the return will be submitted before 31st March, 2011. And it is too much necessary to specify that section on ITR form while filling the return because in the absence of that section your return might be rejected and will not be uploaded to the ITR System.

As per my knowledge, there is no penalty for filling such one. If you have an genuine reason than it is sufficient to file that. Because every ITO will ask you that what are the reasons for which you want to submit the return of such previous year.

Originally posted by : R M Malhotra
	Dear Sir, Sorry for my mistake the correct question is   Can an Individual file ITR -4 for F.Y. 08-09 up to 31st March 2011 ? If yes, some CA says for penalty of Rs. 5000.00 is this true Can an individual file ITR-4 without penalty for FY 08-09 If not then why DIT allowed filing ITR for the same Thanking you

271F. Penalty for failure to furnish return of income.

If a person who is required to furnish a return of his income, as required under sub-section (1) of section 139 or by the provisos to that sub-section, fails to furnish such return before the end of the relevant assessment year, the Assessing Officer may direct that such person shall pay, by way of penalty, a sum of five thousand rupees.

But in the above case the Client has not submitted any of his previous returns as he is not in a position to file the return. i.e. Tax Free Income