139(5) revised return
This query is : Resolved
05 August 2012
1. if any return is file belated and then this return is revised then what is the penalty and whether revised return filed is correct or not
2. If original return is filled manually then whether we can revise it online
2. If original return is filled manually then whether we can revise it online
05 August 2012
By revising the belated return if you are increasing the revenue of the Govt. it will be accepted with the enhanced tax amount.
.
The option of revised return is available to the timely filed returns only.
However, you will not be denied. In genuine cases department accepts such returns also.
Looking to the materiality aspect of the issue, you may still file a revised return.
Many times it has been considered by the department.
.
Manual return can be revised manually only.
.
.
The option of revised return is available to the timely filed returns only.
However, you will not be denied. In genuine cases department accepts such returns also.
Looking to the materiality aspect of the issue, you may still file a revised return.
Many times it has been considered by the department.
.
Manual return can be revised manually only.
.
05 August 2012
Agreed with the reply
05 August 2012
Dear Friend,
I am not in practice
however theory says
only returns filed u/s 139 ( 1 ) can be revise u/s 139(5)
Belated returns are filled u/s 139(4 ) So You are not able to revise your return.
Any Assessing Officer can't overrule the Income tax Act.
I am not in practice
however theory says
only returns filed u/s 139 ( 1 ) can be revise u/s 139(5)
Belated returns are filled u/s 139(4 ) So You are not able to revise your return.
Any Assessing Officer can't overrule the Income tax Act.
05 August 2012
I endorse the view of Satpal Ji.
06 August 2012
Revised return is not valid if original return is not filled u/s 139(1).
06 August 2012
My reply is based on practical experience. Some times AO accepts even Revised Computation of total Income to complete the assessement.
07 August 2012
Dear Sir,
I am not opposing your view, I have already said that I am not in practice.
However the main question is Can an AO overrule The Income Tax Act.
& If he is overruling then its illegal.
I am not opposing your view, I have already said that I am not in practice.
However the main question is Can an AO overrule The Income Tax Act.
& If he is overruling then its illegal.
07 August 2012
It has been held by the Courts that a belated return CANNOT be revised.
Such a revised return is void ab-initio.
Such a revised return is void ab-initio.
07 August 2012
yes, its Void-ab-initio.
(AOs, inko kuchh aata jata to hota ni aiwe hi CAs ke sath zidi jande hai baithe, time pass)
(AOs, inko kuchh aata jata to hota ni aiwe hi CAs ke sath zidi jande hai baithe, time pass)
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