Compliance from income tax deppt

This query is : Resolved

AMAN JAIN (Querist)
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24 December 2014 Hii Sir,

There is a assessee who filed ITR 4S for A.Y.2014-15 having commission income that has been processed & refund has also come.

Now the scene is that he did not file return for A.Y.2010-11, 2011-12, 2012-13. Although the TDS is deducted in all the years as shown in 26AS around Rs.50,000/- for each of the year.

Before A.Y.2010-11, assesse filed return in mannual mode.

Now after login on Income Tax Site, a compliane is coming like they are asking whether you have filed return or not for the above mentioned years?? Two options are there, whether ITR is filed or not??

If I chose not filed then reasons are also coming like business has been closed or no taxable income or return under process??? If I chose for Return under process then whether he allows us to file return???

One more thing in all years there would be a refund.. Please guide sir.....

CS Advocate Abhishek Goyal

CS Advocate Abhishek Goyal (Expert)
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24 December 2014 You cannot file returns for any of these years since time limit for filing belated returns have expired in all these years. The only option you have is to select below taxable income option as the reason for not filing IT return in these years.

Since no return has been filed in these years no refund was claimed and now could not be claimed.

Ketan Shah

Ketan Shah (Expert)
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24 December 2014 Filing ITR 4S for an assessee deriving income from commission is erroneous and it is mentioned in 44AB that a person deriving income from commission cannot file ITR 4S. Now for compliance the solution is to give true and correct reply. Also prepare books of accounts for the FY 2010-11 to 2012-13. From the above facts it appears that the income does not exceed basic exemption limit but you need to have proper dcounemtary evidence to support your claim.

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AMAN JAIN

AMAN JAIN (Querist)
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24 December 2014 so now what i should do?
Choose the option return under process & submit compliance first.

CA. Ronak Kapadia

CA. Ronak Kapadia (Expert)
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24 December 2014 Hello,

See under such situation first check with 26AS that income of assessee is not crossing taxable limit to file the return of income, if it is not crossing than you need not worry about not filing return of income, however if in case the income exceeds taxable limit than you select the option return under process but there are chances of scrutiny u/s 147 of Income tax act, 1961.

However than you will be able to file return of income and also claim TDS refund if any

Hope you find the infomration useful.