Fee for default in furnishing return of income

This query is : Resolved

TARIQUE RIZVI (Querist)
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27 November 2018 Dear Sir,
Sales Turnover Rs 4,39,85,667 (4.39 Crores ) as at 31st March 2018.
Capital Gain Income Rs 52,00,000 ( 52 Lacs ) as at 31st March 2018.
I had filed the said ITR-3 being a proprietary concern on 30th October 2018 u/s 44-AB. I would like to know as to how and why the Fee for default in furnishing return of income (section 234F) has reflected in ITR-3 as of Rs 5,000. The return had been filed on due date and was not delayed at all. How can be applied section 234-F in this connection? I would like to know my mistake if done by me while filing the said return. Please guide me and oblige. Whether can we file revised return so that refund of Rs 5,000 could be claimed?

CA. Jinendra Sethia

CA. Jinendra Sethia (Expert)
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27 November 2018 yes you can revise the return, this issue normally created by the software used for preparing return.

definitely amount will be refunded as there is no liability under section 234-F on 30-oct-2018 for return u/s 44AB.

if still not resolved then text me

CS Advocate Abhishek Goyal

CS Advocate Abhishek Goyal (Expert)
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28 November 2018 If you have filed your return through any software like computax ensure that return due date is selected as september and not july. (though due date was extended till october in some softwares like computax due date was reflected as september. In that case it is ok to select september, the software will not calculate late fees)
In case you have filed your return directly without any software then make sure that you have selected due date correctly.

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TARIQUE RIZVI

TARIQUE RIZVI (Querist)
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28 November 2018 Abhishek Sir
u r absolutely right. I appreciate your tremendous experience. Exactly has happened like that only. Thank u very much for prompt reply.

TARIQUE RIZVI

TARIQUE RIZVI (Querist)
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28 November 2018 Thank u mr Jitendarfa Jain for yr guideline. I have downloaded the PDF file also wherein there is nothing like 234-F. It means the ITR-3 has gone correctly. But while opening XML file in ITR-3 utility there reflects a penalty of Rs 5,000 u/s 234-F.