reena jain (CA ) (247 Points)
14 July 2010HI FRIENDS
PLS LET ME KNOW
1 CAN WE FILE E -RETURN FOR 06-07 , 07-08 A.Y .
2 IS IT MATTER OF PENALTY U/S 271F.
3 TDS CAN BE CLAIMED FOR SUCH YEARS.?
4 CAN A PERSON CLAIM OLD TDS IN CURRENT YEAR RETURN.
5 TDS ON PERQUISITE IS MENTIONED IN WHICH WAY IN FORM 16.IS IT DEPOSITED LIKE OTHER TDS ON
SALARY.WHERE TO BE MENTIONED IN ITR.
THANKS
REENA JAIN
shyam sundar
(Article Assisstant)
(183 Points)
Replied 14 July 2010
Belated returns can be filed only upto end of one year from completation of relevant assessment year.
In the given case belated returns cannot be filed.
Last date for filing belated returns for Ay 2006 - 07 is 31.03.2008 and for Ay 2007-08 is 31.03.2009
Amir
(Learner)
(4016 Points)
Replied 14 July 2010
Dear Mam,
Taking forward where friend shyam has left -
2) Penalty u/s 271F does not attracts suomotu, as the same has to be imposed by a penalty order by the AO. Yes, default has been committed under the said section.
3) & 4) A claim for refund cannot be made in the absence of a return. since return cannot be filed now hence the assesee has to forget about the TDS also
I feel for such situations since the answer is "NO" - Rule 37BA makes it clear that credit of TDS shall be allowed only in the year in which corresponding income is offered to tax. So it cannot be claimed in later years.
5) Yes, you are right there is no separate column in the form to disclose the tax paid by employer on behalf of employees so now the choice is yours either you can include it with TDS or you can mention it in any other column by overwriting its particular say advance tax or self assessment tax can be overwritten as "Tax paid by employer"
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