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Tax payable after filing itr after due date

kinshuk (student) (32 Points)

07 January 2015

Hi,

I have filed an income tax return for the Assessment year 2014-2015, today, January 7 2015, basically after the due date. My ITR shows Tax Payable in the amount of Rs 13890. I know I can pay the tax online, but what to do about the ITR? Since I have already filed it, and as far as I understand , no revision is allowed for ITRs filed after July 31. Please advise!

Any help is much appreciated! Thanks!

PS: I have not sent the Ack form to CPC yet.

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10 Replies

hiteshjain964@gmail.com (mumbai) (59 Points)
Replied 07 January 2015

1) Late return cannot be revised. 2) Send your cpc. 3) Now wait for an intimation from ITO.if intimation states that you are requied to pay tax then you will pay if nothing like this came then u r safe. 4) if u want you can pay tax. And pay it along with interest calculate till date.

Saurabh Maheshwari (B.com,ACA) (5923 Points)
Replied 07 January 2015

You can revise your return even if filed belated because CPC generally doesnot reject such returns (as seen from past experience)

Rajkumar (Articled Assistant) (77 Points)
Replied 07 January 2015

Simple...Send the ack and wait for the intimation letter...in such letter u will me mentioned to pay such amount then u pay it ...there is no big issue in this

kinshuk (student) (32 Points)
Replied 07 January 2015

Thanks!

@ hitesh - I do have to pay tax, my calculations clearly indicate that tax needs to be paid, and similar in my ITR-V also, I can pay it through self assessment tax online too, but what will happen if i send the CPC? Can I file a new ITR and send that one instead?

@ Saurabh the E-filing portal won't let me file the revised return, if i select "Returned filed under section" to be After Due date... What should I do?

kinshuk (student) (32 Points)
Replied 07 January 2015

@ Rajkumar - Thanks for the advice, after getting the intimation letter from CPC, is to be filled through "Rectification Request" section online? or efile through response to notice 139(9) ?

Akash Barman (Article) (383 Points)
Replied 07 January 2015

Donot send the acknowledgment to cpc..File a new one instead , prior one would be considered to be defective

preeti jhamb (Student CA Final ) (28 Points)
Replied 07 January 2015

Belated return can not be revised first of all it can be rectified only if rectification required. And if the income is below 5 lacs rupees then sign the acknowledgemnt by using black pen and send it to banglore.

Z ( ) (2960 Points)
Replied 07 January 2015

Currently the status of such a return is return filed u/s 139(4)

Note that its a belated return and not a defective return

You will prolly receive system generated notice stating that your return will be deemed to be defective return u/s 139(9) if outstanding tax is not paid within 15 days.

You can then file return in response to notice u/s139(9)

For rectification, you need to have demand notice, then pay the demand

[You can pay the tax with interest now and can show the proof lateron, this will save from additional interest liability due to further delay]

S.139(9)

Where the [Assessing] Officer considers that the return of income furnished by the assessee is defective, he may intimate the defect to the assessee and give him an opportunity to rectify the defect within a period of fifteen days from the date of such intimation or within such further period which, on an application made in this behalf, the [Assessing] Officer may, in his discretion, allow; and if the defect is not rectified within the said period of fifteen days or, as the case may be, the further period so allowed, then, notwithstanding anything contained in any other provision of this Act, the return shall be treated as an invalid return and the provisions of this Act shall apply as if the assessee had failed to furnish the return :

hiteshjain964@gmail.com (mumbai) (59 Points)
Replied 08 January 2015

Dear kinshuk, See u cannot file return unless u pay the tax you are required to be paid. It means that whatever income u have shown u have paid a tax on it. Therefore the return cannot be defective on a ground that the less amount of tax is paid. So now u have no other option but to wait for a intimation. Your are under tax audit therefore u have tax audit. So you cannot even give manual itr. If u are really sure that tax needs to be paid so just py the tax and interest till date and wait for intimation. If are able to reconize your mistake itr will definately send u an intimation with regards to same

kinshuk (student) (32 Points)
Replied 12 January 2015

I tried to file a new ITR, so that I could have sent that one, instead of the defective one, but I got an error that I cannot file ITR in the same section as before.

Then I tried to file a revised return, in section 139(5), and that was allowed and I was able to submit it.

Should I send the new ITR-V or is this going to cause any problem?