25 October 2013
Sir, For the financial year 2010-11, I could not submit my I.T Return. As per form 16 my income was more than 10 lac and respectively Tds was more than 1.2 lac . Therefore, non submission of I.T return department may take penal action ? and how can I submit my return ? Please ............
You cannot file tax return for FY 2010-11 now. The last date for doing so expired on 31 March 2013.
If you wish to file return nevertheless, you may approach the Assessing Officer and request him/her to issue an notice under 142(1). You can then file return in response to such notice.
However, ensure that no pending tax liability with respect to the income earned during the year.
You can not file return for the year F.Y 10-11 as the time is barred..
However, you can approach to AO for the same.
Delayed return be filed after a lapse subject to the discretionary power of the Commissioner of Income Tax under section 119 (2) of the Income Tax Act of 1961. The Commissioner of Income Tax could grant permission condoning the delay of filing the return and allow the refunds arising out of such return, strictly based on the merit of each case.
It may also be noted that if an assessee would like to file his return, without involving any refund – such returns could be filed for the purpose of record and NO RETURN COULD BE FILED INVOLVING REFFUND, without obtaining the permission from the Commissioner of Income Tax for condonation of delay
25 October 2013
Application to be made to the Commissioner
The delayed return could be prepared – either it could be filed at the office of the assessing officer – acknowledgement obtained and the copy of the same is attached with the application in Form-30 under rule 41 along with a covering letter which could be forwarded to the Commissioner or, the application form – 30 along with the return and a covering letter is submitted.
It is suggested that the return be submitted to the assessing officer, photocopy attached to the Form-30 and the covering letter and forwarded to the Commissioner for required permission / condoning the delay in filing the return.
25 October 2013
Illustrated letter and application in Form-30 (under Rule 41)
To
Commissioner of Income Tax
The relevant address of the Tax department
PAN Number:
----------------------------Employment number in case of Govt. officials
Dear Sir
I have submitted my income tax return(s) for assessment year (s)……………… vide acknowledgement number ………dated………at ………………………(copy enclosed with this)
Due to exigencies of service and being deployed in filed -----or any other reason whatever applicable in the assessee’s case ----------I was unable to file my return in time.
You are kindly requested to waive the time limit and accord sanction to assess my income tax return (s) so that I am able to get the income tax refund of Rs………… excess paid income tax.
Further, I have been filing my income tax return regularly and the same could be verified from your records.
Thanking you
Yours faithfully Name of the assessee.
Encl: (i)form-30 and (ii) relevant year(s) return photocopy
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