Tax Consultation (US and India)
2970 Points
Joined September 2011
| Originally posted by : SAGAR |
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In case of refund how can AO charge penalty, since there is no tax liability. There fore return can be claim in belated filing of return or written application in case delay is more than 2 years from the relevant FY. But refund claim can be made only for 6 years. |
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Penalty u/s 271F has nothing to do with refund, it may or may not be levied.
That 6 year point will apply if assessee has genuine reason to not to file the return and this is decided by CIT (or the officers above him (as per the criteria)) on case to case basis. Practically its is difficult to claim refund in such cases.[More than 2 year old]
271F. If a person who is required to furnish a return of his income, as required under sub-section (1) of section 139 or by the provisos to that sub-section, fails to furnish such return before the end of the relevant assessment year, the Assessing Officer may direct that such person shall pay, by way of penalty, a sum of five thousand rupees.