31 July 2014
someone has filed ITR through ITR 1 instead of ITR4 online.
also there is refund of Rs.10000.
is it ok...or how he can change/revised return through proper format file....
please advise.
31 July 2014
How will it department know it is wrong return. Say commission Income shown as Income from other sources. IT Department will not find any error unless the return is processed.
Do you think system will allow you to file the original return again? I am not sure if it will allow you. If the same is allowed then what is the need of revised return.
02 August 2014
itd is not that much unsensible in my opinion that they will not be able to understand that which itr is for which type of income.............
02 August 2014
So it means you can file Original Return any no of times and same will be accepted as Original Return? Then why anyone will file revised return? They will file Original Returns only.
03 August 2014
i think the meaning of original means to file only for the first time a valid return and in this case there is no valid itr filed in this case which can be termed as "original"
the itr which is not valid itr cannot be revised under income tax act,1961
Return in an inapplicable Form is not invalid - A return by a company in a Form not meant for companies will not vitiate the return. The circumstance that the return was not accompanied by the profit and loss account or the balance-sheet will no doubt render the return incomplete but will not make it invalid so as to be treated as non est - Dhampur Sugar Mills Ltd. v. CIT [1973] 90 ITR 236 (All.).
Another Citation: CIT Vs. Royal Textiles 120 ITR 506(Mad).
Please see below link. I hope you will find it satisfactory--
03 August 2014
Dear Tushar Ji you have written "if u want to follow sanjay gupta ji then its ur wish amar deep but also be ready to face trouble."
This is not a proper way to reply. I may be wrong, nobody is perfect in this world. I would love to know if I am wrong because I would have learned something when my mistake or wrong understanding of the subject comes to my knowledge. So please behave in a proper manner.
You said return is invalid. In response i have given you a reply and also a link above please check and share your valued opinion.
We all are here to learn and debate is good for all. Please appreciate.
03 August 2014
dear sanjay ji what wrong i wrote i have advised amar to what i think is correct and i have written anything wrong about you its just that fundamentally it can be inferred that filling a wrong return is not a valid return and it cannot be revised under any sitauation so if he faces problem after taking ur advise so where i am wrong??????
03 August 2014
Your way of saying was wrong. You can not say who is wrong you can give your advice.
Again, you said return is invalid and I gave a link above and Citation which says return in inapplicable form is not Invalid. Please give your opinion on that.
03 August 2014
My understanding in the given situation:
You have filed ITR1. Wait for receipt of ITR. Department will send you acknowledgement for receipt of ITR. After receiving the receipt No. you can file revised return in ITR4 giving receipt No of original return.
Your case is of defective return. CPC can treat th return as defective and Issue notice u/s 139(9) asking you to rectify the defect. If department notifies you the same then do as directed.
Advised not to anything before communication from department.
(This is based on my understanding other views are also welcome.)
CAclubindia
