Course of action where return is filed by third party fraud

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Rakesh Tiwari (Querist)

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

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.

Rakesh Tiwari

Rakesh Tiwari (Querist)

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 ?

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