ITR
Refund was due but no return was filed
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Facts
If tax payable after TDS is ₹10,000 or less, the Sec 139(1) default is protected for non-company taxpayers. Where a refund was due, net tax payable is nil. Courts have also quashed prosecutions where the final assessment showed a refund.
Provisions and law
- Sec 276CC (now Sec 479)Prosecution for wilful failure to file a return on time; jail of 3 months to 2 years, or 6 months to 7 years where tax evaded exceeds ₹25 lakh
- Sec 199, Income-tax Act 1961TDS deducted and paid to the government is treated as tax paid on your behalf and credited as per the Rules
Analysis
Show the computation, for example tax ₹60,000 and TDS ₹85,000, giving a refund of ₹25,000, and attach Form 26AS. This shows there was no tax to evade. File the return if a route is open, although the refund may be lost for old years. Tell the officer the default was not for evading tax.
Conclusion
- Prepare the tax computation for the year.
- Attach Form 26AS showing TDS.
- File the return if possible.
- Reply showing no tax was payable.
A Savvy can do this for you
Prosecution for non-filing, Sec 276CC (now 479)
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