Double Return

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

08 July 2011 Sir an individual has approached me. He has e filed his return through Accountant for A.Y. 2009-10 in October 2009 with taxable income below exemption limit.
Now he has received notice from A.O. demanding Rs.31750/- as tax payable for above said A.Y. From his record at website, I checked that for the same A.Y. revised return was filed in Feb 2010 with income around 3,50,000/- and whole tax payable. The revised return was not sent on the instructions of assessee.
Assessee says his accountant has send this return himself as some dispute was going on between them. The accountant is not ready to give any information to him.
The assessee also does not have any record for the same A.Y. All record was kept by that accountant.
Now what plea should I give before A.O., whether should say that revised return is invalid as return filed after due date cannot be revised
Or should say that acknowledgment receipt does not contain signature of assessee and is thus invalid. The accountant himself must have signed that.

Plz guide

U S Sharma

U S Sharma (Expert)
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08 July 2011 From his record at website, I checked that for the same A.Y. revised return was filed in Feb 2010
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means the revised return is e filed?

its a fake story, coz manual revised return may get place but e filing get rejected at the time of submission itself,

if the assessee had been subject to audit then ask for 3cd, and auditor name, coz in case of audit, the date was in limit.

Querist : Anonymous

Querist : Anonymous (Querist)

09 July 2011 No, assessee is not subject to audit.

Sir his original return was also e filed i.e. in Oct 2009 and his revised return was sent in feb 2010 for the same A.Y. i.e. 2009-10.

Sir, the system accepts the revised return even if original was filed after due date. I, myself have filed revised return for some correction and whose original return was sent after 31st July. This issue is certainly not debatable. Please read my previous query again and guide.