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27 July 2013 Dear Sir I want to know that is it possible to file ITR A.Y.11-12,A.Y.12-13
Kindly Advise

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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27 July 2013 You can not file for AY 11-12 as it is time barred. Last date was 31.03.2013.

For AY 12-13 return can be filed till 31.03.2014 but a penalty of Rs 5000/- may be imposed by AO u/s 271F.

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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31 July 2013 You can file the returns provided there is refund and there is a CBDT circular in this regard for filing belated returns which is reproduced below

CIRCULAR NO. 670, DATED 26-10-1993
1. I am directed to forward herewith the order contained in F. No. 225/208/93-IT(A-II), dated 12th October, 1993, passed by the CBDT in exercise of the powers conferred on it under section 119(2)(b) of the Income-tax Act. By virtue of this order the Assessing Officers can admit belated refund claims under section 237 of the Income-tax Act in cases where refunds may arise as a result of tax deducted/collected at source and advance tax payments where the amount of such refund does not exceed Rs. 1 lakh for any assessment year.
2. Board have also decided that in such cases—
(i) where the refund does not exceed Rs. 10,000 for any assessment year the Assessing Officer shall obtain the prior approval of the CIT before entertaining a belated refund claim; and
(ii) where the refund exceeds Rs. 10,000 but does not exceed Rs. 1,00,000 for any assessment year the Assessing Officer shall obtain the prior approval of CCIT or DGIT before entertaining a belated refund claim.
3. The CCIT/DGIT/CIT, as the case may be, shall ensure that the conditions laid down under Board’s order under section 119(2)(b) referred to above are fulfilled.
4. Where a Chief Commissioner of Income-tax/Director General of Income-tax/Commissioner of Income-tax/Director of Income-tax finds that the four conditions laid down in the order under section 119(2)(b), dated 12-10-1993 are satisfied but still it is not a case of “genuine hardship”, he should refer the belated refund application to the Board for final decision.
5. This order is effective from 1-11-1993 and will apply to all claims of refund pending as on that date and also in respect of all refund claims filed on or after that date.
CLARIFICATION
1. The procedure for dealing with the applications for condonation of delay in filing returns and claiming refund is presently governed by the Board’s earlier orders/circulars issued under section 119(2)(b) of the Income-tax Act, 1961, namely, F. No. 225/208/93-ITA-II, dated 12-10-1993 read with Board’s Circular No. 670, dated 26-10-1993 issued from F. No. 225/208/93-ITA-II and also Circular No. 8/2001, dated 16-5-2001 issued from F. No. 212/35/99-ITA-II. As per the existing procedure laid down by the aforesaid orders/circulars, the powers of condonation of delay are exercisable by Commissioners of Income-tax if the claim is below Rs. 10,000, and by the Chief Commissioners of Income-tax if it is above Rs. 10,000 and up to Rs. 1,00,000. In respect of cases where amount involved is more than Rs. 1,00,000, the applications/requests are dealt with and decided by the Board in accordance with the powers vested in the Board.
2. The matter regarding delegation of powers for acceptance/rejection of applications, requests for condonation of delay under section 119(2)(b) of the Income-tax Act, 1961 has been receiving the attention of the Board. In modification of the aforesaid orders/circulars, the Board has decided to vest the CCIT with the powers of acceptance/rejection of such applications requests involving refund claims upto Rs. 5,00,000, and the decision of the CCIT would be final. The CIT will have the powers of acceptance/rejection in cases involving refund claims up to Rs. 1,00,000. However, cases involving refund claims exceeding Rs. 5,00,000 would continue to be processed by the Central Board of Direct Taxes, both for acceptance and rejection.
3. It has also been decided that cases where delayed claims of refunds are being considered would be taken up for scrutiny.
4. The powers of acceptance/rejection within the monetary limits delegated to the CCIT as above would be subject to the following conditions :
(i) the refund has arisen as a result of excess tax deducted/collected at source and payments of advance tax under the provisions of Chapters XVIIB, XVIIBB and XVIIC, respectively and the amount of refund does not exceed Rs. 5,00,000 for any one assessment year;
(ii) the income of the assessee is not assessable in the hands of any other person under any of the provisions of the Act;
(iii) no interest will be admissible on the belated refund claims;
(iv) if the refund arises from the return of income filed for the first time, then the CCIT will be empowered to direct the Assessing Officer to make a regular assessment under section 143(3) and then issue the refund, if any;
(v) no claims under this provision will be entertained where a period of more than 6 assessment years prior to the current assessment year has elapsed;
(vi) these instructions will cover the requests for condonation of delay under section 119(2)(b) where such requests have been filed in the Board, or have been forwarded to the Board by CCIT/DGIT.
These instructions would, however, not cover cases prior to assessment year 1996-97.—Instruction No. 12/2003, dated 30-10-2003.
1. The Board’s order under section 119(2)(b), dated 12th October, 1993 and Circular No. 670, dated 26th October, 1993 [F. No. 225/208/93/IT(A-II)] lay down procedure for condonation of delay in belated claims of refunds. These provide that CIT has power to condone delay in case of genuine hardship of refund claims upto Rs. 10,000 and CCIT upto Rs. 1,00,000. The power of condonation in cases of refund claims of more than Rs. 1,00,000 as well as power of rejection in all cases lie with the Board.
2. Under the existing circular, apart from the conditions prescribed under earlier orders dated 5-2-1988 and 17-8-1988, issued from [F. No. 225/201/87/IT(A-II)], the following additional conditions are required to be fulfilled before the condonation of delay in filing belated refund claims can be considered :
(i) the refund arises as a result of excess tax deducted at source, collected at source and payments of advance tax under the provisions of Chapters XVII-B, XVII-BB and XVII-C, respectively and the amount of refund does not exceed Rs. 1 lakh for any assessment year;
(ii) the returned income is not a loss where the assessee claims the benefit of carry forward of the loss;
(iii) the refund claimed is not supplementary in nature, i.e., claim for additional amount of refund is made after the completion of the original assessment for the same assessment year; and
(iv) the income of the assessee is not assessable in the hands of any other person under any of the provisions of the Act.
3. Subsequently the Karnataka High Court in the case of Associated Electro Ceramics v. Chairman, CBDT [1993] 201 ITR 501 held that the Board have power to condone the delay in cases having claim of carry forward of losses. The department did not file special leave petition against this order. Subsequently the matter was taken up with the Ministry of Law who also agreed with the view that the Board have power to condone the delay in filing the return under section 119(2)(b) of the Income-tax Act, 1961, in a case having claim of carry forward of losses.
4. Hence, conditions at Serial No. (ii) of order under section 119(2)(b), dated 12th October, 1993 stipulating that the delay cannot be condoned in cases where returned income is a loss and assessee claims benefit of carry forward of the loss, is not legally tenable.
5. In view of above, the board, hereby, clarify that delay in making refund claim as well as claim of carry forward of losses, both, can be condoned in cases where returned income is a loss, provided other conditions are satisfied. The monetary limits prescribed for condonation of delay in making refund claims, by different IT authorities, will apply to condonation of delay in cases of claim of carry forward of losses as well.—Circular No. 8/2001, dated 16-5-2001.
Modification of procedure regarding discharge by payee in case of income-tax refund orders
With a view to improve Taxpayers service, the Board has decided to discontinue the system of sending Advice Notes to the bank separately in cases of refunds up to Rs. 24,999. Under the new system, no Advice Note would be generated for refund orders up to an amount of Rs. 24,999. For refund orders of Rs. 25,000 and above, one Advice Note would be made, which would be sent to the Main Branch of State Bank of India. One counterfoil of the refund cheque would continue to be retained by the Assessing Officer for all refunds issued by him regardless of the amount of refund. All refunds of Rs. 25,000 and above will now be drawn on only the Main Branch of State Bank of India. The other branches in any station will handle refunds only up to Rs. 24,999.
2. The above changes in refund procedure will involve the following steps :—
(a) Issue of fresh refund stationery for different direct taxes with cheques drawn on various branches of State Bank of India with their respective MICR codes.
(b) Issue of new types of refunds stationery for different direct taxes :
(i) for refunds up to Rs. 24,999 (one refund cheque for assessee and one counterfoil to be retained by the Assessing Officer).
(ii) for refunds of Rs. 25,000 and above (one refund cheque for assessee, one advice note to be sent to the Main Branch of State Bank of India and one counterfoil to be retained by Assessing Officer).
(c) Distribution of the new refund stationery to all Assessing Officers. Each Assessing Officer would receive one set of refund stationery for refunds up to Rs. 24,999 for Corporation Tax and Income Tax and another set of refund stationery for refunds of Rs. 25,000 and above for Corporation Tax and Income Tax. Similarly, separate refund stationery for Wealth Tax and other direct taxes would also be distributed.
(d) Surrender of unused old refund stationery by all Assessing Officers to DIT (RSP & PR) after the new stationery is introduced.
3. Steps in this regard have already been initiated by the Directorate of System and Directorate of RSP and PR and the new refund stationery shall be made available at all field stations before the date of switchover to the new system. Necessary steps for distribution of new refund stationery, surrender of unused old stationery and informing the Assessing Officer of the new procedure of issuing refund orders have to be taken by the Chief Commissioners/Directors General.
4. The monetary ceiling of Rs. 24,999 for issuance of refunds without an Advice note would also apply to Wealth Tax, Gift Tax and all other direct taxes.
5. The instructions issued earlier on the subject may be treated as amended to the extent indicated above. The security measures and other instructions mentioned in the earlier Circulars/Instructions will however continue to be followed scrupulously.
6. The new refund procedure is proposed to be introduced with effect from 1-4-2005. However, the exact date of switchover to the new refund system will be communicated to the Board by a separate order - Instruction No. 1/2005, dated 18-3-2005.

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CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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31 July 2013 Before filing of return Application u/s 119(2)(b) needs to be filed for condonation of delay. If approval is given only then return can be filed.