08 October 2013
TDS HAS BEEN DEDUCTED U/S 94C FOR PROVIDING CONTRACTUAL SERVICES OF RS 6LAC IN FINANCIAL YEAR 2009-10 AND TDS DEDUCTED WAS RS 6000 IN 2009-10..BUT THE RETURN HASNOT BEEN FILED...SO WHATS THE POSSIBILITY TO CLAIM THE REFUND AS I DONT HAV ANY OTHER TAXABLE INCOME EXCEPT THE GROSS RECEIPTS OF RS 600000 FOR PROVIDING CONTRACTUAL SERVICES..KIDLY REPLY EXPERTS
08 October 2013
It is not impossible . . Possible by filing a Condonation petition U/s119(2) but i can say it is a complex process,,you better hire a tax consultant for this . .
09 October 2013
Kindly refer to Section 119(2) of income tax act read along with Circular 08/2001 dated 16/05/2001 . . . Kindly refer to my conversation above link provided by me . . you need to apply for condonation,,,once your request accepted you can file your return and it will be acceped and you may get your refund . . Kindly hire a tax consultant and he will take care of procedure...( i can say it is some complex procedure,,dont go for refund unless you have material refund amount)
10 October 2013
Its is possible u/s 119(2) but if refund amount is small it is not worth to take the pain..... We have To give reason for late filing of return to concern CIT
29 October 2013
yes, as said by mr.dharmesh.. if refund amount is lesser amount it is better to leave this refund . . because it is a complex process,,there will be practical difficulties like (u have to pay bribes,,and also have to pay for consultant) . . However i cannot say this but i can suggest you detailed procedure to go as per 119(2)
29 October 2013
PROCEDURE TO FILE BELATED RETURN IN THIS CASE:-
1)File the refund-return before the Assessing Officer, but with a copy of a Condonation Petition addressed to the CIT.
2)The Condonation Petition should explain how the conditions prescribed in the CBDT's public Circular regarding condonation under S 119(2)(b) are satisfied.
3)Generally The delay has to be condoned by the CIT.however it is discretion of CIT ,,but department not bound to accept
4)Therefore prepare an Application (no prescribed Form) in Duplicate, explaining reasons for the delay, and praying for its condonation; send one copy to the CIT, and the other copy shall be attached to the belated return filed before the Assessing Office
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