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Question - how to file belated returns

SIVASIVA (FCA, Future CA) (4935 Points)

14 November 2011

Dear Members,

Please Help.

I wanted to know how to file belated return for an Individual. What is the procedure.

regards.

Sivakumar R

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7 Replies

ABHISEK TOSNIWAL (CA in Practice) (638 Points)
Replied 14 November 2011

Dear Sivasiva,

Procedure for filing of belated return is same as filing of normal return U/s 139(1). But remember the time limit of filing is 2 years from the end of previous year for which return is filed .

Regards

Abhisek Tosniwal

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amit jain (Chartered Accountant) (532 Points)
Replied 14 November 2011

same as original return but you have to mention previous return details in the same i.e. date of filing original return and acknowledgement no.

and the same to be filed u/s. 139(5)

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SIVASIVA (FCA, Future CA) (4935 Points)
Replied 14 November 2011

Sincere Thanks Members,

However, what if the same for FY 08-09. where the period expires on 31-03-2011. Do i claim Tax refund in any other way by submitting letter to IT DEPARTMENT.

dyuti (service) (21 Points)
Replied 18 July 2012

I did not file returns for FY 2010-11, and I was in a previous company during that time. Now while filing returns for 2011-12, when I am in a different company, would I have to fill up two separate forms or it can be done in one single form?

Interestingly, in several online eReturn filing website, I have seen them taking 2011-12 as the default FY. So how to go about resolving this issue on belated return?

Thanks in advance.

Dyuti

vipul bhatia (article) (30 Points)
Replied 13 December 2012

I have a salary income on which TDS had been deducted by employer. But i didn't file my income tax return for the FY year 2010-11 and for FY 2011-12. Whether i reqired to compulsary file the income tax return and can i file belated return for the FY 2010-11. Whether it attracts any penality.

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CA rahul (BCOM(H) ACA) (725 Points)
Replied 13 December 2012

hi vipul

1.refer notification no 36/2011as explain below

Notification No.36/2011 dated 23.06.2011
Under section 139(1C), the Central Government may, by notification in the Official Gazette,
exempt any class or classes of persons from the requirement of furnishing a return of income
having regard to such conditions as may be specified in that notification.
Accordingly, the Central Government has, vide this notification, exempted an individual whose
total income does not exceed Rs.5 lakh from the requirement of furnishing a return of income
under section 139(1) for A.Y.2011-12, if his total income consists of only income chargeable
to income-tax under the head “Salaries” and interest, not exceeding Rs.10,000, from savings
bank account in a bank chargeable under the head “Income from other sources”.
The other conditions to be satisfied by such individual to avail the benefit of this exemption
are that he should have –
(1) reported his PAN to his employer;
(2) reported his interest income from savings bank account to his employer and his employer
should have deducted tax thereon;
(3) received Form 16 from his employer, wherein his PAN and details of income and tax
deducted at source and deposited to the credit of the Central Government should be
mentioned;
(4) discharged his total tax liability for the assessment year through TDS and its deposit by
the employer to the Central Government;
(5) no claim for refund of taxes due to him for the income of the assessment year; and
(6) received salary from only one employer for the assessment year