EFILING OF RETURNS

This query is : Resolved

dinesh gulati (Querist)
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01 April 2008 Dear Sir,

Yesterday due to heavy load over servers the server if IT was working very slower or not accepting the Returns smoothly. In the evening the peoples were seen rushing from one cafe centre to another or enquiring about the status of working of server. Under such circumstances many returns of Income could not be filed or if accepted by the system the receipt generated dated 1/4/2008. Now what will be the position of the assessees who keep on trying right from 7 pm to 12 midnight but were successful after 12.02 am .Whether they will be liable for any penalty in the following cases
a) where the Income filed is below taxable limits
b) where the Income is taxable and taxes have been paid in advance.

CA Praveen Chopra

CA Praveen Chopra (Expert)
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01 April 2008 The income tax department is least bothered if you couldn`t file your return on the last day due to server problem.Now as far as penalty is concerned section 271F is attracted,it says a penalty of Rs.5000 if the person required to file return under section 139 fails to file the same and section 139 says that every person whose total income exceeds the minimum exemption limit is required to file the return of income.It clearly means that if your inocme is below the taxable limit,penalty is not attracted otherwise itis attracted whether you have paid advance tax or not.