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Condonation of delay u/s 119(2)(b) vs rectification u/s 154


29 April 2016 I have a case where one of my income from other source was doubled by a CA when he submitted the Tax returns for AY2012-13. Now I realized this in 2015 and at that time revision couldn't be submitted.
When I tried to rectify this online under section 154 I got this response from CPC - "rectification cannot be handled by CPC and is being transferred to the Jurisdiction AO" The AO also was not able to rectify this and only gave credit for TDS mismatch. Then I was advised to request for condonation of delay for supplementary claim of refund under section 119(2)(B) to the Principal Commissioner of Income tax. I was called for a hearing at the PRCIT office and he passed the order for providing credit again u/s 154. So it went back in full circle to the AO. Again the AO says he can't rectify the income u/s 154. Its pending in that state. If anybody on this forum has any solution to this please do share.

30 April 2016 Whatever AO says is right, he can't rectify the income u/s 154. As you have already filed the return you are not eligible to seek condonation u/s 119(2)(B).

30 April 2016 Thanks Seetharaman for your response. If it cannot be done u/s 119(2)(B), then can you suggest how I can get the income from other source corrected and get a refund for the excess amount that was paid in self assessment tax/advance tax.
btw, I was referring to point number 6(iii) in the Circular.
http://www.incometaxindia.gov.in/Communications/Circular/Circular9_2015.htm

A belated application for supplementary claim of refund (claim of additional amount of refund after completion of assessment for the same year) can be admitted for condonation provided other conditions as referred above are fulfilled. The powers of acceptance/rejection within the monetary limits delegated to the Pr.CCsIT/CCsIT/Pr.CsJT/CsIT in case of returns claiming refund and supplementary claim of refund would be subject to the following further conditions:
i. The income of the assessee is not assessable in the hands of any other person under any of the provisions of the Act.
ii. No interest will be admissible on belated claim of refunds.
iii. The refund has arisen as a result of excess tax deducted/collected at source and/or excess advance tax payment and/or excess payment of self-assessment tax as per the provisions of the Act.

Section 119(2)(b) was recommended by one of the officers in Income tax.
Any suggestions/solutions from your end would be appreciated.




30 April 2016 Status is still open and not resolved.

30 April 2016 Your case will not fall under the above category. Your case is of excess income.
Request other experts to clarify and keep the status open.

02 May 2016 The case could also come under the category of excess self assessment tax or excess advance tax which of course resulted from declaration of excess income. Am I missing something. Any other expert on the forum who could help with this. Thanks



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