Filing of income tax return

This query is : Open

CA Megha Banga (Querist)
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27 June 2013 My Client has not filed his return for the last 10 years but his TDS has been deducted every year can he file his return this year or will it Create penalty payment of last years return not filed.

Ganeshbabu K

Ganeshbabu K (Expert)
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27 June 2013 Yes..there is a possibility to file return and get refunds for such years..

electronic return not possible..

manual return possible by filing petition to CIT for condonation of delay..

There is section 119(2) which says it is possible...please refer said section along with circular 8/2001 dated 16/05/2001..

Please refer below link for some clarity in this..

http://www.lawyersclubindia.com/experts/Procedure-to-file-time-barred-incometax-return-394341.asp

Ofcourse it is not an easy work which requires CIT approval for filing returns which is time barred..as it requires CIT approval.

Thanks & regards
Ganesh babu k

CA. RICHI SAXENA

CA. RICHI SAXENA (Expert)
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27 June 2013 It is highly incommendable to Use such words in such a respectful workplace.
You cannot charge each and every person working in the same department as a person with Immorality.

CA.RICHI SAXENA

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Ganeshbabu K

Ganeshbabu K (Expert)
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27 June 2013 1)issue here is how to file income tax return..and not about bribe...

2)Please suggest the author so as to resolve and get work done..please suggest what is the procedure get work done..

3)i have just used the word bribe normally to fasten our process of work...if you can suggest any better procedure or disagree with my opinion given..

4)ultimately client should be benefited..and some times bribe is required to get our work done faster ...

5)i have not said we can charge every person in department..i have said to the best of my knowledge..

6)i have also not said CA has to pay bribe there are some people who will settle this issues..

7)more over i am not much confident that it will be possible to file return for said years...so i request you to please do comment on issue..whether i am correct or not..

Thanks & regards
Ganesh babu k

CA. RICHI SAXENA

CA. RICHI SAXENA (Expert)
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28 June 2013 I agree with your point that the client must be benefitted but it should not at all be at the cost of pointing fingers upon a Department.
We are here to solve the queries in the BEST POSSIBLE LEGAL WAYS and not just by resolving the queries By going into the Illegal ways.

Sir i consider that if the Assessee satisfies the department about the Delay and if he has been genuine then why Should the Commissioner Of Income Tax not take a positive decision.
The Income Tax Department has been set up not with a Motive to earn Bribes But with a motive to earn revenue for the Government. There are only a few people in the department because of whom the Charges of Corruption have been always laid on such a Respected Department.

Sir i would like to ask you a question hereby that where does the whole unclaimed money deducted as TDS and not claimed by the Taxpayers goes?
Sir it does not goes into the Department's Pockets.

The question has been asked by a Chartered Accountant which itself means that the Assessee must have awaken after 10 long Years and now desires to settle with the Income Tax Department. Can you answer how far this is Fair?
When Income Tax Departments forgets about what happenned 6 Years Back then why should the Assessee be given an opportunity to go back 10 Years.

This is not a Matter of "Bribe". This is a matter of justifiableness.
If you can Satisfy the ITD then there comes no question of "Bribe"

CA.Richi Saxena

Ganeshbabu K

Ganeshbabu K (Expert)
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28 June 2013 i have provided the relevant sections clearly ...and concluded with a word..bribe..
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just because i said bribe...no one will blindly offers it..it is just a possible way out..you don't need to comment specially on this issue a qualified CA knows it well..

i cannot comment more on this..it always goes a useless heated discussion..which is no use of to author....

CA. RICHI SAXENA

CA. RICHI SAXENA (Expert)
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28 June 2013 SIR EVEN I DONT HAVE THAT MUCH TIME TO WASTE IN A USELESS DISCUSSION.

CA Megha Banga

CA Megha Banga (Querist)
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28 June 2013 I was asking that if he files return in the current year of the financial year 2012-13. can he file his return now or if he files will it create any problem like penalty for the last years of return not filed.

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