Claim refund for ay 2014-15 where no return has been filed
This query is : Resolved
23 April 2016
My client has not filed Tax returns for the AY 2014-15,and also he was not aware of the TDS deducted to Him,
Now while filling returns for AY 2015-16 we noticed from 26AS there are TDS for AY 2014-15 also since the Due
date is over Please suggest a solution to Claim refund or File The return He is a senior citizen who doesnot
understand this TDS concept.
Thanks
In advance
Now while filling returns for AY 2015-16 we noticed from 26AS there are TDS for AY 2014-15 also since the Due
date is over Please suggest a solution to Claim refund or File The return He is a senior citizen who doesnot
understand this TDS concept.
Thanks
In advance
23 April 2016
For claiming the refund... You have to income tax return in all cases...
For 2014-15 last date of return on income was 31-03-2016... Which is already over... In that case you can't file your
23 April 2016
Return of income... And there fore you can't claim tds refund too...
23 April 2016
Please file paper return. For procedure please see CBDT Circular 9/2015 dated 9.6.2015.
23 April 2016
Thank sir... For update... But is section 139(4) impose restriction on filling of return of income after expiry of certain period of time... Is it possible to file paper return on the basis of board circular... ???
As my understanding circular, rules etc can't prevail over Act... And I think notation used under said circular filling of refund claim is different... Then assuming this circular allows filling of return of income which is barred by the Act
24 April 2016
For time barred returns, in case of refund cases, the CBDT has authorised the Chief Commissioners / Principal Commissioners / Commissioners of Income Tax to condone the delay by issuing necessary orders. File the necessary petition to the CIT concerned and ITR hard copy with a copy of the petition with the Assessing Officer. Please note that the CIT has to pass an order on the petition for the refund to be issued. You can follow it up with both the CIT and AO. Normally such petitions are considered compassionately and in my practice of more than 35 years there have been very few instances of rejection.
A further caveat - w.e.f Assessment Year 2015 - 16 Refund Claims have to be filed online and there is no system currently available in e-filing portal of Income Tax to file time barred returns. However for 2014-15 the paper return can still be filed.
A further caveat - w.e.f Assessment Year 2015 - 16 Refund Claims have to be filed online and there is no system currently available in e-filing portal of Income Tax to file time barred returns. However for 2014-15 the paper return can still be filed.
24 April 2016
Agree with CA Mukesh, Date has over now you can not file income tax return for AY 2014-15, Neither online nor offline.
Abhishek Ranjan Singh
www.arssolutions.co.in
+919022838615
Abhishek Ranjan Singh
www.arssolutions.co.in
+919022838615
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24 April 2016
CA Mukesh & Abhishek Ranjan Singh - section 139 is for filing returns voluntarily or after receiving a notice under section 142. There are provisions in the Act for re-opening time barred assessments and asking for filing of Return u/s 147. If the Department can re-open cases to collect tax, why cannot they take action to refund taxes collected in excess which are time barred. Section 119 of the I.T.Act permits the CBDT to issue notifications / Circulars to ensure the functioning of the Act. One such notification ( I don't recall the number has been issued by CBDT which I have explained in detail earlier) Till date no Departmental appeal has been filed against the Circular that it is ultra vires the Act and of course, I don't think any assessee will appeal.
Therefore in spite of provisions of Section 139(4) the refund can be claimed on the basis of that circular / notification.
Therefore in spite of provisions of Section 139(4) the refund can be claimed on the basis of that circular / notification.
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24 April 2016
Thanks for clarity... And agree with your justification... When department can recover taxes from time barred... Then refund should also be granted on same time barred grounds...
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24 April 2016
Mr. Suresh, Hope you aware about the process and penalty for getting the notice for this. So in normal condition it is not possible.
24 April 2016
Mr. Abhishek please refer to CBDT Circular 9/2015 dated 09th June 2015. The Circular prescribes conditions where time barred refund due to non-filing of ITR can be claimed. Please go through it.
As a senior practitioner I am aware of the provisions of the Act and Rules. But the law also encompasses, notifications, circulars and judicial pronouncements (unless over-ruled by amending the law). Inspite of the provisions of Section 139 (4) it is possible to claim refund for Assessment Year 2014-15 by filing a petition to the Chief / Principal / Jurisdictional Commissioner of Income Tax and that is what I advised Mr. Benson George the querist.
As a senior practitioner I am aware of the provisions of the Act and Rules. But the law also encompasses, notifications, circulars and judicial pronouncements (unless over-ruled by amending the law). Inspite of the provisions of Section 139 (4) it is possible to claim refund for Assessment Year 2014-15 by filing a petition to the Chief / Principal / Jurisdictional Commissioner of Income Tax and that is what I advised Mr. Benson George the querist.
24 April 2016
As a authorized and certified practitioner of Income Tax Department of India we are always updated and aware about the notifications.
This notification is also covered under section 119(2)(b). and as you told it is possible after filing the petition. So it is not a normal condition.
This notification is also covered under section 119(2)(b). and as you told it is possible after filing the petition. So it is not a normal condition.
25 April 2016
Dear Expert,
I request not to make it personal. I hope the querist has found his answer.
25 April 2016
Dear Kaushik
Reply your opinion as a expert, we are discussing here not fighting. do not post reply only to increase your number of reply.
Reply your opinion as a expert, we are discussing here not fighting. do not post reply only to increase your number of reply.
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