234F and 234 A levied on revised return in response to notice under section 143(1)(a)

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This discussion addresses penalties under sections 234F and 234A on a revised tax return filed after a notice under section 143(1)(a). The user received a demand notice including these penalties despite filing a revised return. The advice suggests that section 234F may not apply if a final intimation has been received and recommends filing a grievance to contest the penalty, providing details of both original and revised returns.

Shweta

Shweta (Querist)
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10 December 2022 For the Assessment Year 2022-23, Mr A received an email regarding proposed Adjustments under section 143(1)(a) from cpc-income tax india regarding the deduction claimed under section 80GG for which aform 10BA was not filed. Assesse discovered there are other errors in the filed return that needs correction. He also discovered that 80GG was selected in error. In response to 143(1)(a), he agrees to proposed Adjustments.
He files the revised return on 10th December u/s 139(5), he has received intimation under 143(1) for demand of Rs 5,735 (5,000 under section 234F and Rs 735 under section 735 ).

1. Is 234 A and 234 F applicable in the above case?
2. Whether Mr A should make the payment as it is less amount ?
3. What should Mr A do?

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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10 December 2022 1. If final intimation u/s. 143(1) has been received, then penalty u/s. 234F not applicable.
2. Wait for the final assessment of original return.
3. The final reply is based on the status of original return.

CA Punit

CA Punit (Expert)
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11 December 2022 Just file a grievance through the portal stating that the original return was filed within the timeline and it was not a belated return and hence penalty was not applicable. Provide date and acknowledgement nos. of original and revised returns. It should get corrected in few weeks.

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