Tax audit done but Return u/s 139 pending advice

This query is : Resolved

Ajay (Querist)
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08 June 2011 Proprietor who done his tax audit from chartered accountant with in time Sep.2010 form the A.Y.2010-11. But till he did not submit his ITR-4 for the Income tax department u/s 139 .

Now he want to submit his return to the department.
I want to know which type his late return filling penalty.
& which option he would like to use. submit E-return to head office or submit his return hard copy to local depart.

Can you pls advice.

Kaushal Jha

Kaushal Jha (Expert)
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08 June 2011 It appears penalty of Rs.5000/- would be levied as return has not been filed within the end of AY. So far penalty for non submission of audit report u/s 44AB is concerned, provision requires only to get the audit report before the due date. In the return form fill the auditors particulars with the date of audit being the date of audit report.
Honestly, this is a contenious issue. Onus lies on the proprietor to prove that audit report was received within the due date. Submission of e-return or physical copy doesnot make much difference.