Categories
Pagination Scroll
RAJU M

Filing return of earlier previous years...
I itr 1 filing from a.y 2018-19 but income tax deducted in feb 2017 now can i file itr 1 a.y 2017-18. If no why? If yes how?
  • Show Placeholder
  • Hide Discussion
Amlan Dutta
if you meant to ask that you had filed return for a previous year which now you need to revise because of the fact that certain more TDS credit was available to you for that year on account of TDS (income tax deducted now which is much later to the year for which the return is already filed ) , a ...
  • October 5, 2018
  • ·
  • Like
  • ·
  • Select as Answer
Mahesh Naik

Filing return of earlier previous years...
Can we File ITR of AY 2017-18 and AY 2016-17 now ?
  • Show Placeholder
  • Hide Discussion
   likes this.
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...
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 etcYou 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 etcYou 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
  • September 29, 2018
  • ·
  • Like
  • ·
  • Select as Answer
Harshit Gupta

Section 119(2)(b) Delayed filing...
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?
  • Show Placeholder
  • Hide Discussion
   likes this.
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...
  • May 28, 2018
  • ·
  • Like
  • ·
  • Select as Answer
Sudarshan patidar

Section 119(2)(b) Delayed filing...
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.
  • Show Placeholder
  • Hide Discussion
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 ...
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
  • ·
  • Like
  • ·
  • Select as Answer
Pradeep

Section 119(2)(b) Delayed filing...
Sir how to i know and where that my condonation of delay application accepted
  • Show Placeholder
  • Hide Discussion
Amlan Dutta
Under status of filed returns,.you can check status
  • April 26, 2018
  • ·
  • Like
  • ·
  • Select as Answer
Debashis Chakraborty

Section 119(2)(b) Delayed filing...
Sir, is it possible to file ITR for AY 2017-2018 by any means?
  • Show Placeholder
  • Hide Discussion
Amlan Dutta
You can seek condonation from principal commissioner of income tax under section 119 (2)(b)...if he agrees then you can submit time barred return using this section alongwith 139 and your assessing officer shall process....
  • April 20, 2018
  • ·
  • Like
  • ·
  • Select as Answer
shaikshabeer

Section 119(2)(b) Delayed filing...
what it means "are you filing u/s 119(2)(b)/92cd" in itr new option introduced?
  • Show Placeholder
  • Hide Discussion
Amlan Dutta
Yes one can see that the facility to upload return u/s 119(2)(b) enabled for time barred delayed claim of exemption deduction or relief and (ii) modified return of income under APA u/s 92CD

Basically , these are section that offer relief to taxpayer in terms of filing but with permission

Section 119...
Yes one can see that the facility to upload return u/s 119(2)(b) enabled for time barred delayed claim of exemption deduction or relief and (ii) modified return of income under APA u/s 92CD <br /><br />Basically , these are section that offer 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 /><br />Section 92CD provides that irrespective of section 139, where any person has entered into an advance pricing agreement and before entering such agreement,has already furnished  return of income for the year to which such agreement applies, the person shall furnish a modified return within three months.<br /><br />Eg:- Suppose , i have filed a return under section 139(1) ( due return ) , but however enter in advance pricing agreement subsequently , then i can submit a modified return due to the provision of the section 92 CD
  • April 19, 2018
  • ·
  • Like
  • ·
  • Select as Answer