Is return u/s 139(8A) valid return if income reported is NIL but there are additional taxes paid
This query is : Resolved
Quick Summary
21 March 2023
Mr A filed the return under section 139(1) for FY 2019-20 declaring income NIL. there was refund of Rs 6,600. He also received the interest of Rs 360 on this refund. The income was reported under the wrong heads in the original return.
He filed the updated return under section 139 (8A).
The income reported in updated return is NIL under correct heads of income. He also paid the additional tax payable of Rs 540 calculated as {(50% of (Tax + interest on refund)} + interest on refund i.e. {50% of (0+360)} + 360 under section 140B.
Is this return a valid return as the income reported is NIL but there are additional taxes paid calculated as per formula of 140B.
He filed the updated return under section 139 (8A).
The income reported in updated return is NIL under correct heads of income. He also paid the additional tax payable of Rs 540 calculated as {(50% of (Tax + interest on refund)} + interest on refund i.e. {50% of (0+360)} + 360 under section 140B.
Is this return a valid return as the income reported is NIL but there are additional taxes paid calculated as per formula of 140B.
21 March 2023
The taxpayer cannot file an Updated ITR in the following cases:
To report a loss
The updated return reduces the total tax liability declared earlier
The updated return results in a refund or increases the refund claimed earlier
If a search or survey has been initiated against the taxpayer, books of accounts or assets have been confiscated by the tax authority or there are any pending proceedings or prosecutions against the taxpayer.
If your taxable income is below INR 2,50,000 (i.e. Below the basic exemption limit).
If your additional tax liability is NIL.
The Updated return can be filed only if the taxpayer has not filed the return of income earlier or there are errors/omissions in original filed return.
The Updated return can be filed only if the taxpayer has to disclose any additional income which was missed earlier and should pay additional taxes.
As both the conditions to file the return are partially met by Mr. A, he can file Updated return.
To report a loss
The updated return reduces the total tax liability declared earlier
The updated return results in a refund or increases the refund claimed earlier
If a search or survey has been initiated against the taxpayer, books of accounts or assets have been confiscated by the tax authority or there are any pending proceedings or prosecutions against the taxpayer.
If your taxable income is below INR 2,50,000 (i.e. Below the basic exemption limit).
If your additional tax liability is NIL.
The Updated return can be filed only if the taxpayer has not filed the return of income earlier or there are errors/omissions in original filed return.
The Updated return can be filed only if the taxpayer has to disclose any additional income which was missed earlier and should pay additional taxes.
As both the conditions to file the return are partially met by Mr. A, he can file Updated return.
21 March 2023
You are welcome.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- CAPITAL GAIN BASE ON NOTIFICATION
- Unregistered suppliers utility
- ITDS U/S.194T of Firm
- NRI starting business in India
- Difference between Date of Payment and Date of Deduction?
- Journal entry of busniess expenses
- GST not cancelled by tenant
- FORM 141 SDV query
- URGENT-Eligible leaves being shown as 24 days for 3 years Articleship instead of 156 days in 108
- Cash balance limit and property purchases limit
- Taxable or Tax exempt
- How to pay remaining amount of TDS after due date?
- RCM @ 5% on Hamali charges, Transport Charges, Unloading charges we take ITC or not
- CALCULATION OF DEFFERED TAX - OP BL IS DTL & CURRET IT DTA
- LLP audit under companies act
- Experienced CA recommendation from Kolkata for FNO return filing
- Interest Reporting in Form 168
- Sales of goods of amount Rs77 lakhs to a party
- Tax Demand of ₹4,650 for AY 2026-27
- Concept of Vendor and customner reconciliation
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
