Intimation U/s 143(1)
This query is : Resolved
12 April 2011
Hi Please,
Can we file revise return after receiving the intimation under section 143(1)from CPC, if yes' then is there any circular/article issued from ITD mentioning the same?
Thanks..
Can we file revise return after receiving the intimation under section 143(1)from CPC, if yes' then is there any circular/article issued from ITD mentioning the same?
Thanks..
12 April 2011
Yes we can.
Sec. 139(5) vests the assessee with right to file revised return within one year from the end of the AY. It is true that revised return cannot be filed, if an assessment has meanwhile been made under Sec. 143(3) of the Act, but intimation under Sec. 143(1) does not constitute an assessment. In Kamal Textiles v ITO (1991) 189 ITR 339 (MP), the order of intimation does not constitute an assessment, so as to bar a revised return or issue of notice under Sec. 143(2) of the Act. Intimation is, therefore, not an assessment by any stretch of imagination.
Sec. 139(5) vests the assessee with right to file revised return within one year from the end of the AY. It is true that revised return cannot be filed, if an assessment has meanwhile been made under Sec. 143(3) of the Act, but intimation under Sec. 143(1) does not constitute an assessment. In Kamal Textiles v ITO (1991) 189 ITR 339 (MP), the order of intimation does not constitute an assessment, so as to bar a revised return or issue of notice under Sec. 143(2) of the Act. Intimation is, therefore, not an assessment by any stretch of imagination.
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