Query ? ( non filers ) related to a real estate business ?

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One of my clients is a Promoter doing a real estate business ( SOLE PROPRIETORSHIP BUSINESS ) , Income tax return not filed for AY 2014-2015, 2015-16, 2016-2017 and 2017-2018 due to some reasons , now immediately he wants to take a house building loan from a nationalised bank , that's why 3 years audited PL and Balance Sheet Income tax return require for that .

My question 

1) Minimum 6 months gap require for 2 years income tax return , so how it can be possible as immediately he wants to take a loan ?

2) For AY 2014-2015 , 2015-16, i think penal charges will apply for late return , then what should i do to avoid that return ?

3) Now he wants to form a PVT limited company to expand his business as he wants to invest of rs 100 crores for a project in north bengal with 3 directors , then do you think any problem can arise for that ?

4) Do you think scrutiny compulsory if i file those 3 years return ?

Thanks 

Replies (10)
Replies for
1) No minimum time gap of 6 months is there for filing of returns under IT Act. You can file two years return on the same day itself.
2) Filing of returns cannot be made for AY 2014-15 or AY 2015-16 since both are now time barred. Return for AY 2016-17 can be filed and penalty may be imposed by AO after you file the return . AY 2017-18 can be filed and its due date has not over yet.
3) A company law expert can tell so no comments.
4) Chances of scrutiny is there but it's a probality only.

No you are wrong completely bcoz  as far as loan is concerned , minimum 6 months gap is required  between 2 years return , i have a practical experience .

Every bank manager told me that minimum 6 months gap require for that .

But under which law the bank manager told the 6 month gap requirement. It will be my pleasure to enrich my knowledge on the new law. This may be their requirement for Loan disbursement.

I already went to that particular client's income tax ward , they told me to  give them of rs 15000/= for manual return of AY 2014-2015 AND AY 2015-2016 with back dated . They assured me .

As per RBI guidelines , you can cross check my comments anywhere 

If by paying bribe you can file back dates return then it's ok. But would you kindly post the relevant RBI circular.

Actually in every cases whenver i am asking for a loan of my clients before a manager , he told me that minimum 6 months gap require for that .

Agree..

1. There is no such requirement of time gap of 6 months for filing of 2 years ITR in the INCOME TAX ACT.  It may be the requirement of bank manager for granting loan as per guidelines issued to them. 

2. Voluntarily one can file ITR for 2 Years only. that means you can file ITR for the previous year 2015-16 and 2016-17 by the date 31.3.2018.

ITR for the previous year 2014-15 and before are time barred now and cannot be filed voluntarily by the assessee. It can be filed only if there is notice received by the assessee.

By paying the bribe you can file time barred ITR.

 

3. There is an amendment by finance act 2016 that belated ITR can be file by the end of relevant assessment year. That means you can file ITR for the previous year by the end of 31.3.2018 only. 

I am talking about AY 2015-2016 , it's date is over ,bcoz for  loan purpose it must require , and there is no problem for PY 2015-16 and 2016-17 , yes i know that .


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