Delay submission of ITR V

This query is : Resolved

Raj Chitroda (Querist)
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06 February 2024 Respected Sir,
I have filled the ITR-3 for FY 22-23 with claim of TDS refund dated 30th Dec 23 and for some reason, I could not verified the ITR within Stipulated time date 30th Jan 2024 and after that I have sent the ITR V at CPC Bangalore and after 5 days I received following mail dated 5th Feb 2024,

"Your ITR-V has been received after the stipulated period of 30 days. Hence, in terms of CBDT (Directorate of Systems) Notification No. 05 of 2022 dated 29.07.2022, this ITR-V is not valid and hence your ITR is treated as 'Non-est' (not filed). "

So my humble request to experts kindly guide what to do in this situation.

Thanks & Regards

Raj

RAJA P M

RAJA P M (Expert)
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06 February 2024 Yes, as per ITD reply Your ITR is treated as non filing of ITR.

Raj Chitroda

Raj Chitroda (Querist)
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06 February 2024 Thanks for your valuable reply, but now what is the procedure to claim my TDS? May I file the updated Return or not ?

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RAJA P M

RAJA P M (Expert)
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06 February 2024 Can't claim TDS refund through filing of ITR U (updated return)

Raj Chitroda

Raj Chitroda (Querist)
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06 February 2024 so what is the procedure to consider my first ITR as valid ITR to the Income tax Department ?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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07 February 2024 If someone has missed the due date for verifying their Income Tax Returns within 30 days of filing, they can submit a condonation request through the e-filing portal of the Income Tax Department. 3. On the Condonation Request page, select the 'Delay in submission of ITR-V' option.

Raj Chitroda

Raj Chitroda (Querist)
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08 February 2024 Condonation Delay menu showing " You have no ITR for which ITR_V was received after due date " eventhou portal I have received mail from ITD showing that "Your ITR-V has been received after the stipulated period of 30 days. Hence, in terms of CBDT (Directorate of Systems) Notification No. 05 of 2022 dated 29.07.2022, this ITR-V is not valid and hence your ITR is treated as 'Non-est' (not filed).

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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08 February 2024 In such a case file condonation application under section 119(2)(b) with jurisdiction CIT and after approval file ITR.

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Raj Chitroda

Raj Chitroda (Querist)
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08 February 2024 Thank you CA R SEETHARAMAN Sir, I would like to inform you and clarify that I have already filled the ITR dated 30 Dec 23 and ITR V submissions mail received from CPC dated 5 Jan 24 so only 5 days late to verify the ITR. In this situation ..
Does I need to file the new ITR if I will file the condonation application accepted by CIT ?
or CIT will consider My previous ITR Filled dated 30th Dec 2023 valid ITR ?
or I just need to file the Condonation delay for only Late ITR V submissions ?

Thanks in advance for your valuable reply

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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09 February 2024 You need to file the new ITR if you file the condonation application accepted by CIT.

Raj Chitroda

Raj Chitroda (Querist)
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09 February 2024 Thanks for your valuable reply

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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09 February 2024 You are welcome...
...

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