Late filling- beyond 139(4)

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  1. Arun Bharath

    Arun Bharath New Member

    I fail to file ITR for assessment year 2014-15 and 2015-16 due unawareness and NIL TAX.
    Now in the assessment year 2016-17 I got arrear payment, due to that I got Relief u/s 89(1).
    Some of my colleague said that only ITR filed persons will get relief u/s 89(1).

    Is ITR should compulsary filed for past year to get Relief u/s 89(1)?
    If so, Can I file ITR for assessment year 2014-15 and 2015-16 now to get Relief u/s 89(1)?
    Or
    Is there any provision to pay tax now (ie., before 31-07-2016) for arrears in assessment year 2016-17?

    Another question is my taxdeductor wrongly filed 24Q4 for 2015-16. Whether it should also be corrected? or it will create problem for me.
     
  2. ZED

    ZED Well-Known Member

    As such ,its not specifically written either u/s 89 or u/r 21A and 21AA ,that return should have been filed for previous periods in order to claim the refund but you were ought to file the return.

    For A.Y 15-16, you can file a belated return so do file it.
    For Previous period, you can submit a manual return to the AO, the receipt will also be issued to you for the same but such a return does not has any legal status, it is prima facie evidence of your income and that's all.

    Yes, you can pay self assessment tax via challan 280 before filing the return.


    Not sure what you mean, TDS return is to be filed by the employer if tax was deducted.
    It is you who did not file your return.
     
  3. pawan859

    pawan859 New Member

    For claiming rebate u/s 89 there is no requirement to file ITR of earlier year if you had no taxable income. Still you can File ITR only for A.Y. 2015-16 and onward through online.
     
  4. Arun Bharath

    Arun Bharath New Member

    Thanks for your guidance...


    Another question is my taxdeductor wrongly filed 24Q4 for 2015-16. Whether it should also be corrected? or it will create problem for me.

    Again the question is "TDS filed by employer was incorrect amount of 89(1) due to calculation mistakes but the actual amount is less. Whether non tallying of amount filed by employer and myself in sec 89(1) in 24Q4 for A.Y. 2016-17 and ITR-1 respectively will create a mismatched problem for me???"

    if I file ITR for AY 2015-16 in which section should I choose whether 139(1) or 139(4)?

    THANKS IN ADVANCE...
     
  5. pawan859

    pawan859 New Member

    For A.Y. 2015-16 Select SECTION- 139(4)

    I think you want to say that employer has deducted TDS without calculating relief u/s 89, if so then no need to rectify TDS return for A.Y.2016-17, you have to make your calculation and claim refund for excess TDS deducted.

    for any further query email us at [email protected]
     
  6. pawan859

    pawan859 New Member

    Hope now its clear.......
     
  7. Arun Bharath

    Arun Bharath New Member

    Thanks again to you and clarifying my doubt.

    "Arrears received by me on Jan2016 ie., FY 2015-16. Due to 89(1) AY 2016-17 also has no TDS deduction. Employer has doubts in calculation of 89(1) hence they calculated as RS: 3555 but my actual tax for AY 2016-17 is RS:1489 therefore the 89(1) must be as 1489. Instead of filling 89(1) as exact amount RS 1489 they overrated and filed with miscalculation."

    My question is : Whether amount filed by me and employer should be tallied or its non of my business. Will it create problem only for employer?
    If not I should ask them to make corrections for me as revised amount as 1489 in sec. 89(1) in last filed 24Q4 FY 2015-16.

    Thanks in advance.
     
  8. pawan859

    pawan859 New Member

    As you written "Due to 89(1) AY 2016-17 also has no TDS deduction. employer calculated as RS: 3555 but my actual tax for AY 2016-17 is RS:1489 therefore the 89(1) must be as 1489.
    Once you said that NO TDS and then Actual TAX 1489.
    First you have to clear whether 1489 is Tax or rebate u/s 89(1)
     
  9. Arun Bharath

    Arun Bharath New Member

    Yes my actual tax for this year is RS 1489 with arrear payment.
    Due to bifurcation of arrear payment in past years the tax becomes NIL..
    ie., total tax amount in 89(1)relief is Rs 1489

    Hence NIL tax in form-16.

    Qtn: whether my amount filed in incomtax e-filing for 89(1) and employer filed etds in traces (ie., 24Q4) should tally?
    If mismatch occurs will INCOME TAX department sue me.
    Note: Employer filed with 89(1) as RS: 3555 in 24Q4 for FY 2015-16
     
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