Time between filing a return and paying taxes online

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Vamsi Krishna

Student CA Final

26 Points Posted on 04 April 2014

Hello all,

I always had this doubt. While filing my ITR-1, and after determinig the final tax liability, what is the maximum time allowed for me to pay the remaining tax (i.e., after adjusting all the 26AS credit) through internet banking?

I had filed my return ITR-1 on 28th july 2013 and paid taxes on 3rd August.(5 days delay).

Now I have received a intimation on my mobile that my return is defective and is to be filed 139(9).

Called up CPC, they suggest that my tax might have not been paid. but in my26 AS, the tax paid is reflected.

I feel that the reason for me to receive notice is because of the 5 day delay in making payment the tax online.

Please provide your thoughts....

Replies (10)

nikhil

ca final

233 Points Posted on 04 April 2014

According to sec 140a, self assessment, assessee hav to pay all taxes nd interest before furnishind the return...and according to sec 139(9) return is defective if proof of tax is not accompnied...as on filling date u had not paid amount of tax, return is considered as defective

abhishek

CA FINAL

274 Points Posted on 04 April 2014

It seems you are right the delay of 5 days must have resulted in interest payable and which you have not paid owing to which you have received notice u/s 139(9)

you may pay the interest accrued and file the return .

Mihir

Wealth Manager

5293 Points Posted on 04 April 2014

Always pay taxes first and then file the ITR.

CA PuRvI M!$rA

2260 Points Posted on 04 April 2014

one of my client filed the return without paying tax and his return was showing tax payable and he paid his tax after 3 or 4 days but he did not get any of such notice.

garvit bharti

CA FINAL

375 Points Posted on 04 April 2014

Agreee with nikhil......first pay taxes due with interest as applicable,then file your return mentioning the details like date,challan no, amount etc. Now file return in response to 139(9).

Sathya Sankeerth K N

Chartered Accountant

429 Points Posted on 04 April 2014

It is also required to be ensured that the reply to such a return is given within 15 days of notice. Attach the interest paid chalan to a letter stating reasons for delay and send it to the concerned ward to be on a safer side. You may have to file a return by selecting the mode of filing as "in response to notice u/s 139(9)"

Vamsi Krishna

Student CA Final

26 Points Posted on 05 April 2014

Thank you all guys. But let me tell you about interest that calculation that my net tax payable is 3300 and if I calculate @ 18%for 2 days, it's around 3rupees. Should i really pay that?

Income Tax Wala: (Fin. Expert)

Chartered Accountants

2015 Points Posted on 05 April 2014

Vamsi Krishana

file your revise return and keep the following points in consideration:

1. first of all your return is defective u/s 139 (9).

2. you have 15 days time from date of issue order OR such extended time, to remove defect.

3. since you have paid your tax liability on 05/08/2013 than you need to pay interest on INR 3300/- from August 2013 to April 2014 i.e 9 months @ 1% per month

4. in that case total interst would be around INR 297/-

5.if you would not remove the defect with in 15 days or such extended period than your return shall be invalid return and treating that you have not filed your return ever.

now i think you got full clearence of your doubt.