SAGAR (CA) (129 Points)
04 March 2010HELLO FRIENDS, IF A PERSON INCOME IS LESS THAN THE EXEMPTED LIMIT
FOR THE YEAR ENDED 31-03-2008
AND TDS IS DEDUCTED ON HIS INCOME
BUT HE HAS NOT FILED HIS RETURN
CAN HE CLAIM THE REFUND UPTO 31-03-2010
BY FILING THE RETURN AND WHAT OTHER DOCUMENTS SUPPORTS THE ITR RETURN.
PLS REPLY.
Vivek Angrish
(Manager Finance & Accounts)
(232 Points)
Replied 04 March 2010
Yes, he can claim the refund by Filing Return of Income U/s. 239 Clause (iii), Sub Section 2. Now it is not clear that what is the source of income of the person, just fill in the prescribed ITR form mentioning the TDS Detail.
Whether penalty U/s. 271F is applicable or not, i am not sure about this.
shailendra
(C.A. FINAL)
(189 Points)
Replied 04 March 2010
Law has given the time limit of 2 years to file the ROI as belated return in section 139(4). Here assessee can obviously claim the refund of previous year ended 31.03.2008 by filing the ROI at anytime before 31.03.2010.
And also assessing has the power to levy the penalty u/s 271F, but he cannot refuse to give the refund.
Vivek Angrish
(Manager Finance & Accounts)
(232 Points)
Replied 04 March 2010
O.k and if the A.O leives the penalty, it would be Rs. 5000/-, so only opt for filing return if the refund is more than that.
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