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Mahesh Naik

Category : Section ..,
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September 28, 2018 11:29 pm
Can we File ITR of AY 2017-18 and AY 2016-17 now ?
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Amlan Dutta
You can't file belated return under normal process since belated period of filing for relevant previous year is already over . However, if there was genuine hardship in filing of returns , you can file a application requesting condonation for delay in filing under section 119(2)(b)

The process o...
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You can't file belated return under normal process since belated period of filing for relevant previous year is already over . However, if there was genuine hardship in filing of returns , you can file a application requesting condonation for delay in filing under section 119(2)(b) <br /><br />The process of filing returns for time barred previous year returns when the time period for filing belated return under 139(4) has passed is as follows, <br /><br />Stage - 1 - Getting approval for condonation vide notice under section 119(2)(b).<br /><br />Firstly, there must have been some genuine reason of hardship for not having filed the return .Assessee has to pen a application seeking condonation of delay on account of the hardship and submit to authority <br />(commissioner of income tax if TI until 10 lakhs / Chief commission if Total income between 10-50 lakhs and CBDT if Total income exceeds 50 lakhs) ..<br /><br />if authority (assuming, principal commissioner of income tax) is convinced of the hardship, he shall approve issuing condonation notice under section 119(2)(b).. ...<br />At the tile of uploading return xml file , assesse is required to fill in details of this notice and upload the notice as well <br /><br /><br />Stage - 2 - Preparing the return <br />After receiving condonation notice, assesse can file return for the previous year <br />In the process, he/she can now download the return utility for the relevant previous year from the tax website and fill all details...Process for filing remains same with only exception being the section for return filing<br />Assesse shall carefully select return filing section as -section 139 read with section 119(2)(b)<br /><br />Stage - 3 - Attaching notice and uploading xml file of the return in the tax website <br /><br />Once, done he will prepare xml file for uploading to tax website .<br /><br />For this he, he will login to tax website and do .......<br />E Filing - Filing Against Notice /order Filing Section - 139 read with 119(2)(b) ....Upload xml<br /><br /><br />In the page that proceeds he is required to fill in details of condonation notice , date of notice and attach the notice before uploading the xml file of return <br />Then on clicking submit , acknowledgement gets generated <br />Assesse is required to e-verify the acknowledgement <br />All other things remain same i.e receipt of intimation assessment , processing of returns etc etc
You can't file belated return under normal process since belated period of filing for relevant previous year is already over . However, if there was genuine hardship in filing of returns , you can file a application requesting condonation for delay in filing under section 119(2)(b) <br /><br />The process of filing returns for time barred previous year returns when the time period for filing belated return under 139(4) has passed is as follows, <br /><br />Stage - 1 - Getting approval for condonation vide notice under section 119(2)(b).<br /><br />Firstly, there must have been some genuine reason of hardship for not having filed the return .Assessee has to pen a application seeking condonation of delay on account of the hardship and submit to authority <br />(commissioner of income tax if TI until 10 lakhs / Chief commission if Total income between 10-50 lakhs and CBDT if Total income exceeds 50 lakhs) ..<br /><br />if authority (assuming, principal commissioner of income tax) is convinced of the hardship, he shall approve issuing condonation notice under section 119(2)(b).. ...<br />At the tile of uploading return xml file , assesse is required to fill in details of this notice and upload the notice as well <br /><br /><br />Stage - 2 - Preparing the return <br />After receiving condonation notice, assesse can file return for the previous year <br />In the process, he/she can now download the return utility for the relevant previous year from the tax website and fill all details...Process for filing remains same with only exception being the section for return filing<br />Assesse shall carefully select return filing section as -section 139 read with section 119(2)(b)<br /><br />Stage - 3 - Attaching notice and uploading xml file of the return in the tax website <br /><br />Once, done he will prepare xml file for uploading to tax website .<br /><br />For this he, he will login to tax website and do .......<br />E Filing - Filing Against Notice /order Filing Section - 139 read with 119(2)(b) ....Upload xml<br /><br /><br />In the page that proceeds he is required to fill in details of condonation notice , date of notice and attach the notice before uploading the xml file of return <br />Then on clicking submit , acknowledgement gets generated <br />Assesse is required to e-verify the acknowledgement <br />All other things remain same i.e receipt of intimation assessment , processing of returns etc etc +2
  • September 29, 2018
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Harshit Gupta

Category : Section ..,
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May 28, 2018 1:05 am
i want to know that what is the section u/s filling 119(2)(b)/92CD ? when i started to filling my itr -2 for (F.Y-17-18) then that show and ask select yes or no.. which option select ? i want show my agri income and other source income upto 5k both, can we fill this itr?
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Amlan Dutta
Section 119(2)(b) is sections which permit for delayed filing under special circumstances ...you can select no...........
If it is agri income alone , it shall be exempt ...if there is any other income contributing to scope of taxable income , then agri income is also taxed ...you can refer to...
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  • May 28, 2018
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Sudarshan patidar

Category : Section ..,
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May 14, 2018 4:14 pm
Hi Amlan,

How to raise condonation request for delay for filing of returns not filed for FY 2015 16 and 2016 17 upto 31st March 2018
Assessee has genuine hardship ( he suffers serious disease like heart block and refund amount is 55,000.
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Amlan Dutta
The condonation process is not online and has to be done through paper application to CIT under section 119(2)(b)... go and meet him if possible through representation or assesse himself ...Once condonation approved, return filed using section 119(2)(b) shall be processed by the assessing officer ...
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The condonation process is not online and has to be done through paper application to CIT under section 119(2)(b)... go and meet him if possible through representation or assesse himself ...Once condonation approved, return filed using section 119(2)(b) shall be processed by the assessing officer <br /> <br /> Now, to give some background , the section 119(2)(b) offer's relief to taxpayer in terms of filing but with permission <br /><br />Section 119 of the Income Tax Act, 1961 is about to Instructions to subordinate authorities providing measures for the purpose of efficient management of the Revenue and give relief from undue hardship to the assessee.<br /><br />Section 119(2)(b) provides that CBDT for avoiding genuine hardship authorize income tax authority to admit an belated application or claim for any deduction, exemption, refund or any other relief even after the expiry of the period specified under the Act for making such claim or application.<br /><br />However, note no Condonation for claim of refund or loss shall be entertained beyond six years from the end of the assessment year for which application or claim is made. The limit of six years is uniform for all authorities considering the application or claim.<br /><br />Eg:- Suppose , belated period of filing is over and someone could not submit return due to genuine hardship and has excess TDS interest credit ( from banks) for which he seeks refund , he can use this section to his benefit <br /> <br /> In this case assesse has genuine hardship so he will apply for condonation request to principal commissioner /CIT( since value is less than 10 lakhs) ....He will also use offline utility and select section 119(2)(b) to file this return ...once condonation request is accepted , the filed return shall be processed by the assessing officer Not immediately , but i may make shortly tutorial for this subject.
  • May 14, 2018
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Pradeep

Category : Section ..,
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April 26, 2018 6:46 pm
Sir, how to know and whether my application for condonation of delay accepted?
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Amlan Dutta
Under status of filed returns,.you can check status
  • April 26, 2018
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