In Revised Return Opted for 115BAC whereas in original Belated Return 139(4) not opted for 115BAC

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This discussion explores the implications of choosing the 115BAC tax regime in a revised return when the original belated return did not opt for it. It questions the validity of such a revised return and the consequences if the tax intimation under section 143(1) processes the return under the old regime, ignoring deductions like 80C. The advice given is to file a rectification under section 154, as changing the tax regime in a revised return is generally not permitted.

Ashish Patidar

Ashish Patidar (Querist)
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05 July 2022 1) What are the consequences' and which return shall be considered as valid return?
2) What if intimation u/s 143(1) consider the return under old regime and moreover not considering the deduction under old regime( such as 80c, std. deduction from salary)

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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05 July 2022 1 Revised return will be considered as valid return.
2 File rectification under section 154.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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11 July 2022 When old regime was opted in original return, you cannot change the mode in revised return.

Ashish Patidar

Ashish Patidar (Querist)
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11 July 2022 But portal was allowing to do that.

Pls refer me relevant section/ notification/ circulars for my reference

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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11 July 2022 What is the status of revised return?

Ashish Patidar

Ashish Patidar (Querist)
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11 July 2022 Intimation received us 143(1) which processed the return under old regime (i.e. under 115bac option - NO) without considering the deduction of 80c which was claimed by assessee in original return.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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14 July 2022 What is the status of revised return? Whether still under processing or processed?

Ashish Patidar

Ashish Patidar (Querist)
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14 July 2022 Intimation received u/s 143(1) against which assessee has filed rectification u/s 154, which is under processing.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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14 July 2022 You mean to say that during processing of revised return, new regime was not accepted, and hence rectification request filed?

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