Non Filing of ITR for AY 2008-09 by Individual

This query is : Resolved

Guest

Guest (Querist)

13 October 2009 A is doing proprietorship business.

A has not filed his ITR for AY 2008-09.
Now, A has TDS Certificates from his clients pertaining to the said AY for a substantial sum.

There may be a situation for A for some tax liability.

Now, A wants to file his ITR for AY 2008-09 and thereater, AY 2009-10.

What will be the situation for non-filing of ITR for AY 2008-09 ?

Whether he is eligible to claim his entire TDS Certificates ?

What are the applicable sections under which, A is liable for taxes and interest ?

Await the response of experts.

CA Suresh Choudhary

CA Suresh Choudhary (Expert)
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13 October 2009 Why Not? He can file the return of Income with in one year from the end of relevant assessment year. So in your case Mr. A can file return till 31.03.2010 and adjust TDS against tax liability.
Interest u/s. 234 (a),(b),(c) will be applicable.

Guest

Guest (Querist)

13 October 2009 Thank you so much.

In case, he has a loss after considering his TDS Certificates value, whether he is eligible to carry forward the same. (I hope it may not be possible as the return is belated filing).

Await professional advice. Once again Thanks.

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sunny bansal

sunny bansal (Expert)
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16 October 2009 If a person who is required to furnish a return of his income, as required under sub-section (1) of section 139 or by the provisos to that sub-section, fails to furnish such return before the end of the relevant assessment year, the Assessing Officer may direct that such person shall pay, by way of penalty, a sum of five thousand rupees.]

1.He can file the return of Income with in one year from the end of relevant assessment year. So in your case Mr. A can file return till 31.03.2010 and adjust TDS against tax liability.but he will be liable for penlty u/s271f.

2. yes he can claim the tds certificate.

3.Interest u/s. 234 (a),(b),(c) will be applicable.