Income Tax Return

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PARIMAL DILIPKUMAR GOLWALA (Querist)
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22 April 2011 A. My first query about that i have missing my filing of income return for the ay : 2010-11 within time limit and also march 2011. so i have filing of my income tax return on dated 11/04/2011. sir, this is my return position as under :
1. Total Taxable Return : 170000/- tax on total income 1030/- and my tds of rs. 3000/- and refund claim of rs. 1970/-. so, problem is that whether department imposing of me penalty of rs. 5000/- as i have cliam of my return as a reund for the 2010-11 or any other provision applicable?

B. My second question is that my friend was not filing of the income tax refund since 2007 and that time he was deductiong huge amount of TDS whether my friend as filing of the return AY : 2007-08, 2008-09, 2009-10, and 2010-11 at the this time (April, 2011) ?

CA MANOJ GUPTA

CA MANOJ GUPTA (Expert)
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22 April 2011 Answer to ur queries are as under
A. Penalty for failure to furnish return upto end of relevant assessment year is at the discretion of AO and is generally not levied
B. I understand that in ur case TDS was deducted but u have not claimed the refund.
For AY 2010-11 u can file return. For old assessment years u have to apply to the CIT concerned for condonation of delay in filing return and issue of refund
CA MANOJ GUPTA
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