Return of income not filed on Due date because of TDS Cert.

This query is : Resolved

NAGARAJAN RAJAGOPALAN (Querist)
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08 October 2009 An assessee has to receive tds certificates worth - substantial amount from the government deductors. because of that the assessee could not file the return on due date (tax audit case)., since the government deductors TAN Numbers not known and the system will not allow the tds with out that while uploading the return. the assessee tried from the Form 26AS to know, whether the government deductors have filed the tds returns, so that he can take the details from it. but in 26AS also it is not available. To receive the tds certificates from Government deductors, the assessee has to wait for still 4 to 5 months. what is the position of the assessee? since he has not filed the return of income on due date because of huge amount of tds certificates? what he has to do? since the things are not in his hand? it is with the government deductors?
please explain me what the assessee has to do? since it is not the mistake of himself. If he would have to file on due date, he has to pay the huge amount of money towards self assessment tax because of non receipt of tds certificate?

CA. B.SRINIVASULU

CA. B.SRINIVASULU (Expert)
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08 October 2009 If you can prove that you have received tds certificates itself delayedly you can present the same to your assesing officer for not charging penalty.

If you have received certificates in time and at the time of uploading there are some flaws in it which has led you to delay it is your fault. The officer can levy penalty.

Rajeev

Rajeev (Expert)
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09 October 2009 If the audit report is obtained before 30/9 , then no penalty can be levied according to me , even though the ITR is not filed in time . (circular no 5 of 2007
for not levying a penalty u/s 271B)

What you should have done was filed the return without TDS , then revised the return to avoid any issues

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CA Sanjeev Kr Jain

CA Sanjeev Kr Jain (Expert)
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09 October 2009 Rajeev is correct, first collect all tds certificate than file itr, if it is case of non company non firm that itr can be filed on paper in back date also with vitamin M

Shyam Lal Naik

Shyam Lal Naik (Expert)
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09 October 2009 File the return without tds.

Revise the same later on.

I am in full agreement with Rajiv, so far as penaltyu/s 271B.

M Prabhakar Menon

M Prabhakar Menon (Expert)
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10 October 2009 u should have filed the return which can be done now also before 31st Mar 2010 assuming there is no carry forward of losses /depreciation. file a revised return after receipt of tds cert., or in case u receive 143(1) order file application u/s 154 later