Revised return after intimation u/s 143(1) (Income Tax)

This query is : Resolved

Author : Anonymous

( Author )
02 September 2011

CAN A RETURN BE REVISED U/S 139(5) AFTER RECEIVING A INTIMATION U/S 143(1)

Aditya Maheshwari

( Expert )
02 September 2011

Yes you can do.

Yogesh Agarwal

( Expert )
02 September 2011

No you can not do so, instead you should take plea of section 154 rectification,

Aditya Maheshwari

( Expert )
03 September 2011

Revised Return can be filed even after intimation u/s 143(1) is issued since the same is not considered as an assessment order in the court law though referred to as summary assessment. Since even after the issuance of intimation u/s 143(1), regular/scrutiny assessment can be done without any restriction.

There is a case law of Gujarat High court in which the court held that the assessee can file revised return even after intimation is served . S. R. Koshti v. Commissioner of Income-tax [2005] 276 ITR 165 (Guj).

The issue is settled to rest by the decision of Supreme Court in the case of ACIT vs Rajesh Javeri Stock Brokers (P) Ltd. 291 ITR 500 in which it was held that intimation although deem to the notice of demand U/s. 156 can not taken as assessment order.

Revised return can be filed after intimation u/s 143(1)(a)-AO must amend such intimation on the basis of revised return-Gujarat HC [2011] 333 ITR 0508 Commissioner of Income-tax Versus Himgiri Foods Limited

Yogesh Agarwal

( Expert )
03 September 2011

Dear Aditya

You may like to go through the lines produced u/s 154(1)(b)..."amend any intimation or deemed intimation under sub-section (1) of section 143"..

Since in the given case an intimation u/s 143(1) is received by the assessee then he should simply go with this section 154 for rectification..

I am not at all saying that your view is wrong but is not advisable if we have simpler way to conclude the rectification....

Regards!!

Aditya Maheshwari

( Expert )
03 September 2011

What you had said that you cannot file revise return. I said that can be done that is it. You could go for rectification also. That option is always open but if there is a mistake from assessees side in filing return then he has to file revise return to correct it and cannot go for rectification u/s 154.

Author : Anonymous

( Author )
04 September 2011

Actually , return has been filed online and mail has been mail has been received from dept. so iam going for revised return.

Aditya Maheshwari

( Expert )
05 September 2011

You can file revise return in this case.