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returned file u/s ?

divyesh (Partner) (107 Points)

29 March 2010

I am trying to efile ITR-3 for A.y. 2007-08, What should i Select in "Returned filled U/s" in Part-A General Worksheet. Also i have not received any notice u/s 142.

Regards

Divyesh

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8 Replies

Sunil Liladhar Kotak (Manager (F & A)) (2025 Points)
Replied 30 March 2010

I think u will not be able to file the return for the A.Y. 2007-08 as the due date for the filing of return for the A.Y. 2007-08 is already over( 1 year from the end of A.Y. i.e. 31.03.2009)

& if at all u can file the same - it will be invalid return

Amir (Learner) (4016 Points)
Replied 30 March 2010

Dear Sir,

Agree with friend Sunil in the absence of notice retrun for A/Y 2007-08 cannot be filed BEYOND 31.03.2009

C.Balaji (Learner) (1867 Points)
Replied 30 March 2010

Agree with above......

Return for A.Y. 2007-08 should have been filed on or before 31.03.2009....i.e. One year from the end of Relevant A.Y...

You cannot file the Return now.........

Ayushraj (Professional) (125 Points)
Replied 30 March 2010

Agree will all the above views, but have a Second opinion.

File the said Return manually. If the IT department refuses to accept the same, tell them to simply acknowledge the return as a case of correspondence. Also annex a letter giving ITO some reasonable reasons as to why the return is delayed. But remember one thing all the taxes for the said A.Y should be completely paid along with interests.

Now what will happen is that the return shall be treated as invalid.

But in case of inquiry or otherwise the A.O will not be able to frame the charges of concealment of Income.

divyesh (Partner) (107 Points)
Replied 30 March 2010

Thanks a lot for your opinions , I forgot to mention that income is below taxable limit, So if do not file as you all said it will be treated as invalid, will there be any penalty

Regards

Divyesh

nidhi (student) (58 Points)
Replied 31 March 2010

even i have a similar query on dis matter.

if i cannot file the return for Ay 07-08 as u al said it would b treated "invalid" so now when i file return for the current yr wont it create a mismatch ad previous yr's return is pending???

Pls guide

RITESH KOTHARI (B.COM, FCA, DISA(ICAI)) (778 Points)
Replied 27 April 2010

If income is below the taxable limit, then there will be no penalty.

Also, you can file return for the next year w/o hesitation. The only thing if in case you receive a notice for not filing return for AY 2007-2008, you simple have to prove that the return is below the taxable limit and thus there arose no liability of filing return.