Non filing of income tax return -reg notice

ITR 774 views 16 replies

Hi

I am housewife and no income of any kind.

My Husband is in merchant navy and opened trading account in my name. He trades in future & options and  We have incurred losses in last 2 financial years. As there was no profit and turnover also was below 1 crore I did not file any income tax return.

Now I have received the notice from Income tax department sking me to furnish my response in cimpliance module in efiling portal.

Please suggest what should I do as I think last date of filing returns is already gone, also please suggest which form to use if I have to file returns ?

 

Thanks

Replies (16)

Which AY [FY ]?

 Notice says for financial year 2013-14, you do not appear to have filed income tax returns

AY 2014-15 [FY 13-14] can be filed untill March 2016. Fill the compliance module with help of CA or ur Husband if is in the town.  C/F the loss nothing else.

Thanks for the reply.

I live in Pune and I have received notice from Jalgaon which is my native place, dont know why ?

I read somewhere If it is not filed before due date, loss can not be carried forward, Is it correct ?

Can you please suggest CA in my area ?

 

Thanks

Which sub area of pune.?   

Warje Malwadi

A.M Kulkarni  & Co   9970504637.

if your ward belongs to Jalgoan -you need to transfer the jurisdiction to Pune. most probably you have to answer to jalgaon Ao only.

circular 9/2015 permits you to file returns for past six years under condonation of delay

for  C/f Losses also. You can ask him.   

9/2015 can be used to file NIL tax returns also or only in refund cases?? or it can be used to file any types of return irrespective of case type. Plz elaborate

Refunds and C/F losses. One has to Apply to CIT thro AO. Explain case to AO and he will forward application to CIT. CIT will decide the status.

Please tell me that this solution is applicable for only trading or rest of all too...?

SECTION 119 OF THE INCOME-TAX ACT, 1961 - INCOME-TAX AUTHORITIES - INSTRUCTIONS TO SUBORDINATE AUTHORITIES - CONDONATION OF DELAY IN FILING REFUND CLAIM AND CLAIM OF CARRY FORWARD LOSSES UNDER SECTION 119(2)(b)

CIRCULAR 9/2015 [F.NO.312/22/2015-OT]DATED 9-6-2015

In supersession of all earlier Instructions/Circulars/Guidelines issued by the Central Board of Direct Taxes (the Board) from time to time to deal with the applications for condonation of delay in filing returns claiming refund and returns claiming carry forward of loss and set-off thereof under section 119(2)(b) of the Income-tax Act, (the Act) the present Circular is being issued containing comprehensive guidelines on the conditions for condonation and the procedure to be followed for deciding such matters.

2. The Principal Commissioners of Income-tax/Commissioners of Income-tax (Pr.CsIT/CsIT) shall be vested with the powers of acceptance/rejection of such applications/claims if the amount of such claims is not more than Rs.10 lakhs for any one assessment year. The Principal Chief Commissioners of Income-tax/Chief Commissioners of Income-tax (Pr.CCsIT/CCsIT) shall be vested with the powers of acceptance/rejection of such applications/claims if the amount of such claims exceeds Rs.10 lakhs but is not more than Rs. 50 lakhs for any one assessment year. The applications/claims for amount exceeding Rs.50 lakhs shall be considered by the Board.

3. No condonation application for claim of refund/loss shall be entertained beyond six years from the end of the assessment year for which such application/claim is made.This limit of six years shall be applicable to all authorities having powers to condone the delay as per the above prescribed monetary limits, including the Board. A condonation application should be disposed of within six months from the end of the month in which the application is received by the competent authority, as far as possible.

4. In a case where refund claim has arisen consequent to a Court order, the period for which any such proceedings were pending before any Court of Law shall be ignored while calculating the said period of six years, provided such condonation application is filed within six months from the end of the month in which the Court order was issued or the end of financial year whichever is later.

5. The powers of acceptance/rejection of the application within the monetary limits delegated to the Pr.CCsIT/CCsIT/Pr.CsIT/CsIT in case of such claims will be subject to Following conditions:

i.   At the time of considering the case under Section 119(2)(b), it shall be ensured that the income/loss declared and/or refund claimed is correct and genuine and also that the case is of genuine hardship on merits.
ii.   The Pr.CCIT/CCIT/Pr.CIT/CIT dealing with the case shall be empowered to direct the jurisdictional assessing officer to make necessary inquiries or scrutinize the case in accordance with the provisions of the Act to ascertain the correctness of the claim.

6. A belated application for supplementary claim of refund (claim of additional amount of refund after completion of assessment for the same year) can be admitted for condonation provided other conditions as referred above are fulfilled. The powers of acceptance/rejection within the monetary limits delegated to the Pr.CCsIT/CCsIT/Pr.CsJT/CsIT in case of returns claiming refund and supplementary claim of refund would be subject to the following further conditions:

i.   The income of the assessee is not assessable in the hands of any other person under any of the provisions of the Act.
ii.   No interest will be admissible on belated claim of refunds.
iii.   The refund has arisen as a result of excess tax deducted/collected at source and/or excess advance tax payment and/or excess payment of self-assessment tax as per the provisions of the Act.

7. In the case of an applicant who has made investment in 8% Savings (Taxable) Bonds, 2003 issued by Government of India opting for scheme of cumulative interest on maturity but has accounted interest earned on mercantile basis and the intermediary bank at the time of maturity has deducted tax at source on the entire amount of interest paid without apportioning the accrued interest/TDS, over various financial years involved, the time limit of six years for making such refund claims will not be applicable.

8. This circular will cover all such applications/claims for condonation of delay under section 119(2xb) which are pending as on the date of issue of the Circular.

9. The Board reserves the power to examine any grievance arising out of an order passed or not passed by the authorities mentioned in para 2 above and issue suitable directions to them for proper implementation of this Circular. However, no review of or appeal against the orders of such authorities would be entertained by the Board.

As per above  AY 2009-10 to  AY 2014-15

If your application is pending as on  9/06/2015 for  say Ay2007-08 then as per S.no 8 that is also valid.

i hope this is clear

U cn return ur file.for more detail contact 09466067479
U cn return ur file.for more detail contact 09466067479


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