Cpc acknowledgement

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

04 December 2012 A client of mine has filed Return electronically on 30/07/2012. He has also send a copy of acknowledgement to CPC Bangalore which is recd by CPC on 04/10/2012 (ie well within the prescribed limit of 120 days. However CPC shows the STATUS as Rejected with reason given, "Signature Missing". Now the client has not noticed this default and fails to re-send the signed ackn within 120 days. Hence acc to CPC this becomes an invalid return. What remedy is available to this client. Can he file the same return for the @nd time n send the ackn to CPC for the 2nd time??????

CA CS Amit S. Kedia

CA CS Amit S. Kedia (Expert)
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04 December 2012 The same issue has been dealt with by the Bombay High Court in the case of Crawford Bayley & Co. v. Union of India [2011] 16 taxmann.com 323, wherein the Court, inspite of expiry of the specified time-limit, condoned the delay in sending of acknowledgement and allowed additional time to assessee to resend the same.

Based on the above ruling, you can resend the acknowledgement, even though the time-limit for filing ITR-V has already expired.

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CA CS Amit S. Kedia

CA CS Amit S. Kedia (Expert)
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04 December 2012 Further, as per incometax department's instruction you should file revise return and that will be treated as original return only-
https://incometaxindiaefiling.gov.in/e-Filing/#EFQ2

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