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Late filing of return of refund

Priyanka (study) (259 Points)

02 March 2011

Dear All

Please can you solve my following query:

Whether late return of refund can be filed & still refund can be claimed?

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10 Replies

BALASUBRAMANYA B N (CCI STUDENT....) (44679 Points)
Replied 02 March 2011

The one year return can be filed in 2 years, if you filed within the date then u can cliam...

For ex:

if AY 2009-10 should file with in the 31 march 2011

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sachin sharma (article) (122 Points)
Replied 02 March 2011

hi priyanka,

As per sec 139(4) of IT Act If a return is not furnished within the time allowed under section 139(1) or within the time allowed under notice issued under sec 142(1), the person may furnish the return of any previous year at any time before the end of one year from the end of relevant assessment year.

That means return of F.y 2009-10 can be filed upto f.y 2011-12. If u filed ur return within the time mentioned above u can claim Refund.

Time allowed under section 139(1) are given below

For companies due date is 30 sep

For individual assessee whose accounts are required to be audited under law due dateis 30 sep

Where the individual is a working partner in a firm and accounts of firm are required to be audited under law due dtae is 30 sep

In any other case due date is 31 july

ankit singhal (student) (123 Points)
Replied 02 March 2011

HI Priyanka,

Yes you can filed the return & get Refund but it must not be late maximum of 2 years.

So till this 31st march 2010 you can file return of AY 2009-10 & 2010-2011 after that AY-2009-10 will not be allowed.

@*CS Siddharth Bumb. * (B.Com, CA Final, CS ) (5270 Points)
Replied 02 March 2011

yes agree with ankitand sachin

(Guest)

Originally posted by : ankit singhal
	HI Priyanka, Yes you can filed the return & get Refund but it must not be late maximum of 2 years. So till this 31st march 2010 you can file return of AY 2009-10 & 2010-2011 after that AY-2009-10 will not be allowed.

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Vikash Kharvar (Dy. Manager -F&A) (469 Points)
Replied 02 March 2011

Yes, i am also agree with Mr. Balu A Helping Hand.

Nitin Grover (CS) (1228 Points)
Replied 03 March 2011

Dear Priyanka

yes you can claim for refund for two Years

i.e A.Y. 2009-10 (P.Y.) 2008-09

you can file return upto March 31, 2011 not upto March 31, 2010

so if its pending file it now.

Maximum penalty can be imposed Rs. 5,000 (if refund is not due then also). So, file your return dear and if need any help pls feel free to ask

Regards

Anup D Yawalkar (PRACTICING CA) (24 Points)
Replied 03 March 2011

Yes surely

I agree with Nitin Grover

Penalty of Rs 5000 is at the descrition of the ITO

Do proceed

Regards

thefuntom (Banker) (34 Points)
Replied 18 March 2011

I had been on medical leave since December 2009 and was in the hospital. Since then my company was still giving me my salary. As of late when I went and reported the case, they've asked to repay the entire amount that was paid to me during this period.

I have two questions.

1) Legally can they claim such a case, for even if i want to resign they will not give me my relieving till i pay the amount.

2) Can I ask for my form 16 from the company for the FY 09-10 and FY 10-11 file for ITR? And can I file for ITR assessment year 10-11 and still get a refund as i hadn't declared the investments that are tax exempted?

Please help

Pankaj Arora (Learner) (3134 Points)
Replied 18 March 2011

Legally they can not claim back if company paid you as salary…. but if company is treating it as loan every month than yes you have to give it back… no company will give you every month salary without present so may be company will be treating it as loan…

2. if company deduct tds than yes you can take form 16… after getting form 16 you can file your return… to see wat’s tds deducted and wats remaining liability now…. if you did not filed belated return of a.y. 10-11 than you can revise your return before 31.03.11.