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can itr file before adoption of account by shareholder

CA. Sunil Kumar (Audit Manager) (1608 Points)

28 October 2009

hi frnds,

can any one tell me that - an itr can be file before AGM. As the accounts are apporved in AGM by shareholders ( the real owner of company) so if they reject the account then what will be the impact on itr filed before AGM and its validity.

Thanks & Regards

Sunil kumar

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4 Replies

PRAVEEN KUMAR (MBA (Finance) B.Com.(P)) (3443 Points)
Replied 03 November 2009

Thanks Mr. Sunil for asking this valuable question.

Dear Experts Pls revert.

My view is we can not file ITR before AGM. (IF anyexpert can produce some evidence to it or against it please share the info. with us.

Thanks

Praveen

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Vikas Yadav (CA) (46 Points)
Replied 08 January 2010

Praveen ,I do agree with your view, do let me if you get some response at vyadav_ca @ hotmail.com

Amir (Learner) (4016 Points)
Replied 09 January 2010

Dear Sunil & Praveen,

ITR can be filed before adoption of Accounts in the AGM...Where is the hurdle, tell me..

There can to 2 kinds of resons for non adoption of accounts in the AGM..

First, having Impact on the Income & Expenses of the Company &

Second, Having No impact on the Income & Expenses of the Company..

In second case there is no issue with the ITR and in the first case ITR can be revised based on the revised accounts..

Further Dear Sunil, what u have written that shareholder's are the real owners, agreed but read Sec 140 ITR Is to be signed by the "DIRECTOR" & NOT SHAREHOLDER..

So who is ultimately responsible "Director or Shareholder", its the Director my friend & as such filing of return can be done before adoption of accounts in the AGM..