CA Hardik Vyas (Practicing Chartered Accountant) (130 Points)
23 December 2010Friends, one of My client came to me along with Form-16 of A.Y.2007-08 in which TDS of Rs. 4500 deducted.
The return of Income was not filed nor Refund was claimed, so Is it possible to claim refund of 4500 anyway?
or he has to waive such amount?
Waiting for your suggestions..
U S Sharma
(glidor@gmail.com)
(21063 Points)
Replied 23 December 2010
not possible to file or claim now
Dheeraj
(Learner)
(1100 Points)
Replied 23 December 2010
SINCE HE HAS NOT FILED THE INCOME TAX RETURN WITHIN TIME
So, he cant claim the refund of tds deducted
vkbothra
(Learning )
(690 Points)
Replied 23 December 2010
Its now Time barred case.
nothing can happen ;)
NITIN BHATIA
(CA FINAL)
(188 Points)
Replied 23 December 2010
he cant claim refund of income tax since he has not filed income tax return
regards
NITIN BHATIA
Kiru.G
(Article Assitant)
(273 Points)
Replied 23 December 2010
ya its possible to claim the refund amt on belated return.....the assessee must must give a reasonable reason for not filing the IT return on due time....
Neeraj
(Chartered Accountants)
(81 Points)
Replied 23 December 2010
| Originally posted by : kirupalakshmi | ||
 |
ya its possible to claim the refund amt on belated return.....the assessee must must give a reasonable reason for not filing the IT return on due time.... |
 |
Can you confirm the provision of ITax under which this can be claimed
CA Deepesh Ruhela
(Keen to Learn)
(3271 Points)
Replied 24 December 2010
| Originally posted by : Dheeraj | ||
|
|
SINCE HE HAS NOT FILED THE INCOME TAX RETURN WITHIN TIME So, he cant claim the refund of tds deducted |
|
manish sharma
(ca final)
(110 Points)
Replied 24 December 2010
this problem has two solution.
1.yes it is posible to claim the refund only if you satisfy assessing office there is a reasonable reason to not file the return.
2.second option is give Rs1500-2000 to a clerk & take refund order hand to hand.
SHADAB AHMED
(Income tax practitioner)
(67 Points)
Replied 24 December 2010
its not possible get refund
vipul patel
(Ahmedabad)
(320 Points)
Replied 01 January 2011
it is not possible to claim tds refund bcs return is not fill within due date and i think Belate return also not possible bcs time for that is also compite
CA Robin Srivastava
(Audit assisstant/article)
(27 Points)
Replied 07 February 2011
Refund claim after the statutory time limit
Where an otherwise valid refund claim under section 237 is filed by an assessee after the expiry of the statutory time limit prescribed under section 239, the Assessing Officer, having jurisdiction over the case, may admit the said refund claim and dispose of the same on merits and in accordance with law provided the following conditions are satisfied:
(a) The refund has arisen as a result of excess tax deducted or collected at source, and payments of advance tax and the amount of refund does not exceed Rs 50 lakh for one assessment year;
(b) The income of the assessee is not assessable in the hands of any other person under any of the provisions of the Act;
(c) No interest will be admissible on the belated refund claims;
(d) No claims under this provision will be entertained where a period of more than 6 assessment years has elapsed.
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