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Income tax return not filled earlier

Nandan Sarma (Article Assistant) (325 Points)

21 March 2012

one of my cousin who is a Contractor had last filled IT Return for the assesment year 2007-08 and has not filled return after nthat..now since due date for filling return forn AY 2008-09 and 2009-10 has lapsed can he file return for AY 2010-11 an 2011-12 without filling two returns in between.nd if not what is the solution for this problem.kindly suggest..

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7 Replies

Sonam Bidasaria (CA) (770 Points)
Replied 21 March 2012

Yes, he can file return for Asst Year 2010-11 and 2011-12. However, return for Asst Year 2008-09 and Asst Year 2009-10 can still be filed .

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Ankit Agarwalla (CA) (281 Points)
Replied 21 March 2012

Return for AY 10-11 & 11-12 can be filed now...with penalty of Rs. 5000/- for 10-11 return. But i would disagree with Sonam here. I think return for the year AY 08-09 & 09-10 cannot be filed now. Also if during these gap years if his income was below exemption limit, then he has not made any default in non filing of return.

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Nandan Sarma (Article Assistant) (325 Points)
Replied 21 March 2012

if you go to www.incometaxefilling.gov.in and click submit return option you will find there is option from AY 2006-07 to AY 2011-12.So does it mean that you can file return from AY2006-07.once you clcik there they will take you to the upload XML file page after selecting the applicable form and whether didgital sinature is there..

Prateek Agarwal (Sr. Executive - Finance & Accounts) (1732 Points)
Replied 22 March 2012

Hi,

Even if the website is showing previous years filing portal, it would itself not accept the same.

So, you cannot file return of AY 08-09 and 09-10 cannot be filed. AY 10-11 can be filed by paying penalty of 5000/- and AY 11-12 can be filed uptil 31.03.2012.

Regards

Prateek

CA Neil Ganatra (Partner - Gautam Joshi & Co.) (871 Points)
Replied 23 March 2012

Returns for the A.Y. 08-09 and 09-10 can be filed by making an application u/s 118 to commissioner asking permission to file return. Reason for non-filing must be mentioned. If reason is genuine he will grant the permission. No other way possible for those years.