Tax Consultation (US and India)
2970 Points
Joined September 2011
Actually return can be filed in this case. I have seen such cases are more with NRI's
You can file the return manually but know that it will not have any binding power or legal validity but however in case of proceedings these far belated return are concidered as prima facie evidence as to your income.
Income Tax Act does not prohibits you from filing the return if its not as per S.139. It only says that it should be filed within S.139. There are few cases wherein such return was rejected by the department, so the assessee followed the channel of appeals and it was held that return should be admisible but however it will not have legal validity as in enjoyed by the return filed u/s 139(1)/(4)
Still I insist that return should be files with all the interest and penalties and a written application should be made to the AO in this behalf.
Filing a return in such case gives an edge over those assessees who do not file it.