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Itr is not submitted of lat 4-5 years for an individuals

V!VEK Kr Bawri (Agarwal) (PCC Nov 09 & Final 2013) (80 Points)

28 October 2015

i would like to know that if an individual had an income tax file (non taxable ) & if he not able to submitted the return since last 4-5 years & there is a TDS refund available.so now waht can he do ????

And how can he avail his TDS is it possbile

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11 Replies

Miss Rinkal (Student) (1304 Points)
Replied 28 October 2015

He can apply for condonation of delay to his jurisdictional and claim the refund. The AO may ask to file the return for that years. File the returns for that said years and claim the refund

Miss Rinkal (Student) (1304 Points)
Replied 28 October 2015

But in that case, he will not receive any interest on refund for those years

Udgam Koomar (Tax Technologist) (1949 Points)
Replied 28 October 2015

Yes plz file for condonation.

Mahantesh (student) (34 Points)
Replied 28 October 2015

How to file for condonation in delay for submission of ITR? An application in handwriting or any other way?

S. Shiroor (Others) (1207 Points)
Replied 28 October 2015

_______________________________
_______________________________

The Commissioner of Income Tax (I /II/III),
Pune.

Dear Sir,

Sub.: Petition for condonation of delay in filing Return and Claim of Refund. A.Y. 2010-11 to 2013-14.

Ref:- Circular no 9 dated 9/9/2015 issued by CBDT (copy attached here with)

P.A.No. : _____________ Ward No. 11(2) Pune

I am assessed to income-tax in Ward 11(2) Pune as per the above mentioned PAN numbers. My Case falls within the jurisdiction of Chief Commissioner of Income Tax, Pune

I have not been assessed to Tax as an Individual/HUF before.

My income for above said period viz AY 2010-11 to 2013-14 was below taxable limit and I felt it necessary not to file my income tax returns.

The concept of 26AS was not known to me. It is only now that I have come to know of the same.

26AS for previous years show TDS credited to my PAN no. I need to claim refund for those years. I am now aware that I have to file return to claim those refunds.

The total refund due to me is Rs. _____. I understand that as the prescribed time limits have long been passed, the jurisdiction for admitting the return and the claim of refund, now rests only with You, Hence this application.

I am sure and you will appreciate that there are number of such cases coming to you and you might have given permission to file returns in the past

You will further appreciate that not allowing me to file returns will mean I will be paying taxes even though my taxable income is below permissible limits and will cause genuine hardship to me.

Anticipating a favorable response.

Yours Truly

CHARTERED ACCOUNTANTS AND OTHERS CAN IMPROVE ON THE ABOVE PLEASE.

Please change Ward no and other details

For AY 2014-15 and AY 15-16 you can file now and claim refund.

Miss Rinkal (Student) (1304 Points)
Replied 28 October 2015

@ S. Shiroor:

Only change is required is instead of total refund individual refund of each year should be shown separately

S. Shiroor (Others) (1207 Points)
Replied 28 October 2015

Ok thanks. It is necessary.

S. Shiroor (Others) (1207 Points)
Replied 28 October 2015

Can add the following

I was not aware that tax was being deducted from my interest income.

@ Rinkal - apart from ignorance any other strong reason can be given.

V!VEK Kr Bawri (Agarwal) (PCC Nov 09 & Final 2013) (80 Points)
Replied 30 October 2015

miss rinkal

if he submitted his return for last 4 A.Y. in normal e-filling so isit possible???

Miss Rinkal (Student) (1304 Points)
Replied 30 October 2015

No not for four years. For fy 2013-14 and fy 2014-15, you can file belated returns i.e u/s 139(4) and claim refund. But for other ay, you need to apply for condonation of delay application only as date for belated filing has also lapsed. For fy 2013-14 and 2014-15, make no misrkes as that cannot be revised. Also the last date for filing fy 2013-14 return is 31st march 2016. So act fast before it is too late.