TIME LIMIT FOR FILING ITR-V EXTENDED TO 60 DAYS

The Central Board of Direct Taxes had, vide circular No.3/2009 dated 21.05.2009, allowed assessees who file their income tax returns inelectronic form without digital signatureto submit their verified ITR-V form, within a period of 30 days, thereafter. The ITR-V form was required to be sent to Post Bag No.1, Electronic City Post Office, Bengaluru, Karnataka-560100, by ordinary post.
It has now been decided to extend the time limit for filing the ITR-V form by relaxing the stipulations in the circular dated 21.05.2009. The ITR-V form relating to returns which have been filed electronically (without digital signature) on or after 1st April, 2009 can now be filed on or before the 30th September, 2009 or within a period of 60 days of uploading of the electronic return data, whichever is later. The ITR-V should continue to be sent by ordinary post to Post Bag No.1, Electronic City Post Office, Bengaluru, and Karnataka-560100.

What will happen if I am not able to file my IT return before the due date?

Due date for filing the tax return

Currently following two due dates for all type the tax assessee:

  1. 30th September for:

    1. A Company
    2. A person (other than company) whose accounts are required     to be audited under any law for the time being in force
    3. Working partner of a firm whose accounts are required to audited
  2. 31st July for all assessee other than mentioned above i.e Individual, HUF, BOI, AOP etc.

You can file return before the end of assessment year (i.e. 31st March 2010) without any penalty and you can file return one year after the end of the assessment year with penalty of Rs.5000/- (i.e. 31st March 2011)


Impact of late filing of Income tax return & issues related to due date.

  1. Interest u/s 234A: If there is tax due after deducting advance tax ,TDS and self assessment tax than interest will be applicable @1% per month and part thereof up to the date of filing of the return besides interest applicable u/s 234B or 234C.Means this interest is applicable only if there is any tax payable in your return .
  2. Loss of Interest on refund: You may lose interest on refund u/s 244A as delay in filing is attributable to assessee for the period by which you have filed late return.
  3. Audit Report: Person who are liable to get their accounts audited should get the audit report on or before the due date of filing return i.e 30.09.2009. Audit repot is only to be prepared and not to be filed any where. In simple word or boldly we can say that if audit report has been signed before 30.09.2009 that is enough, you can file return late and report particulars will be filled when ever you filed your income tax return. This is as income tax circular no 5/2007 point no 6 (read full circular)
  4. Revised return: Late/belated return can not be revised.
  5. Not able to carry forward the losses under various heads: You are not able to carry forward following type of losses if file return after due date:
    • Speculation loss
    • business loss excluding loss due to unabsorbed depreciation and capital exp on scientific research
    • short term capital loss
    • long term capital loss
    • loss due to owning and maint. of horse races

    However there is no impact on following type of losses even if return is furnished after the due date:

    • loss from house property
    • business loss on account of unabsorbed depreciation
    • capital expenditure on scientific research.

    So if you are ambit of the above three points then you should furnish your return up to 31.07.2009 or 30.09.2009 as the case may be without any penalty.

Scrutiny of FBT returns

GOVERNMENT OF INDIA
Ministry of Finance
DEPARTMENT OF REVENUE (Central Board of Direct Taxes)
Subject: Scrutiny of FBT returns – regarding
Instruction No.11 /2008
File No.225/44/2008-ITA-II

Date.05 Sep 2008

Instruction

To,

All Chief Commissioners of Income tax/
All Directors General of Income Tax
Scrutiny of FBT returns – regarding.
Kindly refer to above.


2. I am directed to state that all the Corporate cases selected for scrutiny as per the guidelines contained in the Action Plan document 2008-09 which have returned income to Rs.5 crore or more and where provisions of Fringe Benefit Tax (FBT) apply, assessment order shall also be passed u/s 115 WE of the Income-tax Act, 1961 after scrutiny of all such cases.

This may be brought to the notice of all concerned.

Sd/-

(Renu Jauhri)

Director (ITA-II)

I have forgot to deposit the form ITR-V

As per circular of the CBDT you can file verification form ITR-V (pdf) within 30 days of uploading the electronic data then date of uploading the data will be treated as date of filing of income tax return.  But if you are not able to file ITR-V within 30 days then you have to reupload the return and new ITR-V has to be filed. Suppose you have uploaded the data electronically on 31st July and you file the ITR-V on 30th Aug then date of filing of income tax return will be 31st July but if you are not able to submit ITR V on or before 30th August retun will be treat as “never filed”. All assessee has to sumit their ITR-V at central location at :

Income Tax Department ,

CPC, Post Bag No – 1,

Electronic City Post Office,

Bangalore – 560100, Karnataka