Refund claim. urgent!

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

31 August 2013 Hello sir/madam,
Claim must be filed within 3 years from the time the return was filed or 2 years from the time the tax was paid, whichever of such periods expires the later, or if no return was filed by the taxpayer, within 2 years from the time the tax was paid.
Based on above, can I claim refund by filing return for the first time for the financial year 2010-11?
Or anyway I can file a return for the year 2010-11?
Please it is urgent.
Thank you so much.

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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31 August 2013 under sec 139(5) belated return can be filed within 1 year from the end of relevant AY.

In your case the AY is 2011-12 (Financial year 2010-2011) and applying sec 139(5)the last date comes to 31.3.2013 so now u cannot file belated return for refund as AO will declare it as time barred and will not accept it.

now u need to file petition under sec 119(2)(b) to CBDT for claiming refund.

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