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Section 119 (2)(b)


nitin mehta (prop)     26 February 2020

nitin mehta
prop 
 28 points

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Assessee has received interest rs. 17500000.00 on enhanced compensation of urban agri land in f.y. 2012-13 and tds on amount was 1750000.00. Assessee did not file the itr for that year due to lack of awareness. Now in e-filing portal their is notice for non filing of return for the same year. My question is that which route  is best for assessee to file itr and to get refund of that amount.

a. By condonation of delay in filing from chief commisioner in section 119

b. Request to Local ITO for filing of ITR u/s148

 

In which option ,chances of processing of return is higher ?

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Shrikant Toshniwal (TAX CONSULTANT)     27 February 2020

Shrikant Toshniwal
TAX CONSULTANT 
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Dear Frd,
option a is the 1st good option as u su moto giving details to department.
option b is choose by the department for ur non filling of return and there is reason that there is a taxable income and Ev**gination of tax is done by u (and it will attract penal provision) and they give u 148 notice to file return in 30days

DEEPAK KUMAR   27 February 2020

DEEPAK KUMAR

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Agree penal provision attract in both of case

RAJA P M ("Do the Right Thing...!!!")     27 February 2020

RAJA P M
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@ Mr Nitin Mehta.,

You can follow the provision of "a"...

Note :

Go to file Condonation delay request immediately...
Bcoz, The can be apply 6 years of the PYs. So, better to earliest.

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Shailesh Singh   27 February 2020

Shailesh Singh

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The date of condonation is already gone as it is for six years only. So, option "b" is only available but if there will be any refund it wont be processed u/s 148.

RAJA P M ("Do the Right Thing...!!!")     27 February 2020

RAJA P M
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Yes... I agreed to Mr Shailesh Singh...
Also better with contact the officer...

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John Klok   27 February 2020

John Klok

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Yes i am also agree with you Raja PM

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rama krishnan   27 February 2020

rama krishnan

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Condonation petition can be filed within six years from the end of the relevant assessment year. in your case the a. y. 2013-14. so you can file condonation petition up-to March 31 2020. the competent authority to condone the delay in your case is your jurisdictional CCIT since the refund amount is more than 10 lakhs. PLS refer circular 9/2015 dated 9/6/2015


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