Penalty for revised return after 31st july

Efiling 323 views 9 replies

I have uploaded and verified my ITR-4 and my wife's ITR-1

There are no issues regarding ITR-1.

But still my TDS of one party is yet to be seen on 26AS. That party will file its ITR return  on 30th sept. They will file TDS return when all the PAN nos of suplliers and subcontractors come in. 

The party has given me fees with TDS plus GST and asked me to pay online which i did with his TAN . GST return are also filed properly

Accordingly I have taken tax credit . Since his accounting method is mercantile the party sometimes takes more expenses and accordingly  in the last minute takes different TDS.

In that case I have to revise return which may be beyond 30th sept.

My q whether there is penalty for revised return if filed after 31st july.???

Replies (9)

No penalty over revised return...... only on belated return.....

234F. (1) Without prejudice to the provisions of this Act, where a person required to furnish a return of income under section 139, fails to do so within the time prescribed in sub-section (1) of the said section, he shall pay, by way of fee, a sum of,

 (a) five thousand rupees, if the return is furnished on or before the 31st day of December of the assessment year;

 (b) ten thousand rupees in any other case:

Provided that if the total income of the person does not exceed five lakh rupees, the fee payable under this section shall not exceed one thousand rupees.

(2) The provisions of this section shall apply in respect of return of income required to be furnished for the assessment year commencing on or after the 1st day of April, 2018.]

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Thanks Rambhia Sir.  If the difference in TDs was less than 5k then i was planning not to file revised return. 

No need to worry, .... you can revise it till 31/03/2019........ without any penalty;  .......as return u/s.139(1) is filed !!!

Good Luck ....

In 154 they sanctioned additional refund of 50k  plus int of  2k.

I got only 40.5K  They have deducted  previous some arrears of 2016 plus int under  sec220(2).

Don't know what is it?

 

That shows some outstanding demand of earlier years' were pending,

Rambhia Sir , their system is not at all taking TDS which B/F from previous years.

2009 circular  -NOTIFICATION NO. 28/2009, DATED 16-3-2009

RULE 37BA  3(ii) Where tax has been deducted at source and paid to the Central Government and the income is assessable over a number of years, credit for tax deducted at source shall be allowed across those years in the same proportion in which the income is assessable to tax.

Above circular they are not following.  The TDS was carried over to next year in AY 2015-16

and B/f in AY  2016-17  with appropriate income pertaining to TDS.

Twice i have put grievance but they say no TDS available.

How long to fight with these people.  7 years refund pending - all because of tax credit mismatch.

Actually, it is difficult to apply when all the returns are not properly filled particularly for the period when the transformation from manual to digital process was taking place.

Better to accept such situation with broad mind.


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