13 December 2010
My question is if due to some reason the return of income was filed arithmatically wrong but some how accepted by the system. Afterwards the department issued intimation U/S 143(1) by summery assessment raising additional demand.In this situation can we go for revised return to rectify the original mistake to avoid the additional demand, if not(as revised return can't be filed after the assessment)then what to do in this situation?
14 December 2010
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).
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