Can we revise income tax return u/s 44ad?

This query is : Resolved

Prashant Patil (Querist)
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30 June 2013 Dear All,

I want to revise return of my client for TDS matter. His actual TDS is of Rs,24,851/-. But in original return Refund of Rs.14,858/- is claimed he also received the refund amount. He has filed his original return (Manual) for AY 12-13 before due date.

Now I want to claim remaining TDS amount of Rs.9,993/-. Can I show 8% profit of his receipts and file revised return u/s 44AD. He is a Civil Contractor.

Please help in this regard....

Thank you

CA PARAS BAFNA

CA PARAS BAFNA (Expert)
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30 June 2013 As per rulings given by the courts issuing an Intimation U/s 143(1)(a) is not treated as assessment. So, if 1 year has not been completed from the date of filing of return, you can revise the return.
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Also decide from the facts of the case whether the Income on which TDS of 9993/ has been deducted was included in the original return or net. And if included was it net of tax or gross amount.
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Prashant Patil

Prashant Patil (Querist)
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30 June 2013 Thank you Sir for your reply

TDS of Rs.9,993/- was not included in original return. and now I also want to increase his income. But my main query is that Can revise return using ITR Form 4S(Sugam)?

Soumitra Basu

Soumitra Basu (Expert)
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30 June 2013 yes, you can revise your return using ITR - 4S claiming the TDS.

CA PARAS BAFNA

CA PARAS BAFNA (Expert)
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30 June 2013 Mr. Prashant, your original query is "Shant" about the ITR used while filing the original return.
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If your case was not under tax-audit then only you could file original return in ITR 4S and as such you can use ITR 4S for the revised return also.
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Please also take care of the income to be declared in the revised return as per Para 2 of my earlier reply.
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Prashant Patil

Prashant Patil (Querist)
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01 July 2013 Thank you Soumitra Sir and Paras Sir......

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