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Penalty for filing beyond time

T. Banusekar

FOR the year ended 2004, I have not filed the return of income. I now propose to furnish a return. I am a salaried employee and tax has been deducted at source from my salary.

I do not have any other income. I have not furnished the rent receipts in respect of the rent paid by me to my employer and, therefore, tax has been deducted at source without taking into account the exemption that I can get under Section 10(13A) in respect of the HRA received by me.

If I furnish the rental receipts along with my return will I be able to claim the exemption? Will there be any penalty for filing the return late?

Naveen Srivastava

Reply

You can claim the exemption under Section 10(13A), by filing the return of income along with proof of the rent paid.

This may result in a refund, which will be granted to you. You may be liable for the penalty under Section 271F for filing a return after the expiry of the relevant assessment year, which would have ended on March 31, 2005.

This penalty, however, will not be levied if there is a reasonable cause for the failure to furnish the return before this date.

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