claim for refund

[murali Krishnamurthy]

My client is a partnership firm. It filed its return of income, electronically for the assessment year 2008-09, claiming loss to be carried forward and accompanied with a claim of refund being the TDS on rent. The firm earns property income and also carries money lending business and by virtue of computation arrived at a net loss.

However, the acknowledgement was not sent to Bangalore through an oversight. This error/mistake was realised only recently when the matter was being processed for refund in the group.

Can a revised return or any return of income be filed at thus juncture,even if the firm is prepared to loose the benefit of carry forward of loss. The TDS is very substantial and cannot be ignored.

Kindly suggest the course of action with relevant case law to support the issue.

A quick response from the fraternity will be greatly appreciated and the firm will be obliged.

[satyanveshi]

a revised return can be filed which will definitely be launched by the department. Then a petition u/s 119(2) should be filed before the respective commissioner for condonation of delay explaining the reasons that lead to filing the return beyond the time allowed u/s 139(4). Subject to the conditions specified in instruction no. 13/2006 dated 22.12.2006 the petition will be allowed. You have to see the monetary specified therein to apply. It it is more than a specified limit then it should be CCIT and CBDT as specified therein.

[alinageorge]

These were really great information given by you, well according to my point of view, I think that the refund claim shall be filed within 1 year from the date of payment.