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

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This query is : Resolved

Prashant Patil (Querist)

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)

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)

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)

30 June 2013 yes, you can revise your return using ITR - 4S claiming the TDS.

CA PARAS BAFNA

CA PARAS BAFNA (Expert)

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)

01 July 2013 Thank you Soumitra Sir and Paras Sir......

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