Course of action where return is filed by third party fraud


This query is : Open 

08 March 2016 Need Your urgent suggestion on following issue:

What would be course of action where Consultant filed E- return with huge Tax Payable without consulting the Assessee. Now assesses is Refuse to Pay the same.

In this regard, pls note, that
1. Original return was filed after due date with Nil Tax Payable.
2. Revised return filed with huge tax payable.
3. ITR V Receipt confirmation Received in both cases.

Now, assessee is not agreed for both return - Original(being showing wrong Income Position) and Revised(for showing inflated Income)

Can he invalidate both return ?
can he file another return with actual income & tax ?
should he file FIR for Fraud against such Person?

Now, assessee in urge to file Correct Return, what would be course of action for him?

praveen (Expert)
08 March 2016 You cannot file a fraud complaint because you say that the ITR has been confirmed by the IT department. To get such confirmation either the party should have used OTP or signed and sent it to CPC. Once he has done that, the same means he has accepted it.

Further if the time is there for revision kindly reivise the returns properly.

15 March 2016 thanks Praveen. But the third person has mentioned his own no. and used otp for velidation. also can I rectify the mistake and pay the actual tax ?


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
18 September 2026
Accounts & Finance Specialist

ULTRA CHEMICAL WORKS

Thane

CA Final

View Details
Company
15 September 2026
Client-site CA associate

Aditya Muley and Co

Mumbai

CA

View Details
Company
08 October 2026
Account Executive

Elite Taxation

New Delhi

CA Foundation

View Details
Company
ARTICLESHIP 07 October 2026
Article assistant

S.K.Bajpai & Co.

Noida

B.Com

View Details
Company
26 September 2026
Chartered Accountant

pushpganga ventures

Pune

CA

View Details
Company
Featured 21 September 2026
Consultant - Reporting

Finrep Advisors LLP

Mumbai

CA

View Details
Company
05 October 2026
Senior Accountant

Vision IT Peripherals Pvt Ltd

Mumbai

B.Com

View Details
Company
ARTICLESHIP 21 September 2026
CA Article Assistant

KK & Company Chartered Accountant

Pune

CA Inter

View Details