It return - revised (original filed after due date)

This query is : Resolved

parimala k (Querist)
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23 December 2014 Dear Expert,

my friend filed wrongly ITR after due date now he wants to correct it by filing revised but it is not accepting due to 139(5) section. when I searched about 139 (5) original should file before due date to revise any return. what is the solution for this, how to resolve his problem. kindly give advice. thanks venkatesh

Ketan Shah

Ketan Shah (Expert)
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23 December 2014 In case the original return is filed within due date only then it will be possible to revise the return.

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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23 December 2014 If you have filed original itr after due date then it cannot be revised u/s 139(5) so you can file a rectification request u/s 154 online also after log in under My account you can get this request

parimala k

parimala k (Querist)
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23 December 2014 sir is there any charges / penalty will applicable for 154 request or free of cost please let me know. Thank You sir's

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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23 December 2014 there is no penalty as such as its for benefit of assessee, so go ahead and file it.

Rupesh Jain

Rupesh Jain (Expert)
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23 December 2014 you can file the rectification in filed return.

parimala k

parimala k (Querist)
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23 December 2014 thanks for all of you to suggest

Guest

Guest (Expert)

23 December 2014 Rectification can only be filed after intimation u/s 143(1) or any other communication from the department is received.

CA Kumar Mukesh

CA Kumar Mukesh (Expert)
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24 December 2014 I agree with Adit Sharda opinion but can anyone explain me how it will comes under the definition of ratification.

As per section 154 of Income Tax Act it reads as under
With a view to rectifying any mistake apparent from the record, an income-tax authority referred to in section 116 may,—
(a) amend any order passed by it under the provisions of this Act ;
[(b) amend any intimation or deemed intimation under sub-section (1) of section 143;]]
[(c) amend any intimation under sub-section (1) of section 200A.]

It doesn't cover any the situation under which Income can be modified.

Guest

Guest (Expert)

24 December 2014 Mukesh,

It would depend on the mistake that has been made. If there is an income that hasn't been considered but the same is reflecting in 26AS or is obvious from some other record (for e.g., amount deducted from PGBP that needs to be shown as income from other source but omitted), it can be rectified.

However, it won't allow you the freedom to change everything like a revised return.

CA Kumar Mukesh

CA Kumar Mukesh (Expert)
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24 December 2014 Dear Mr. Adil if it is appear that assessee has made deliberate attempt to conceal his income, then penalty under section 271(1)(c) will be levied irrespective of the fact that same is also shown on form 26AS

Guest

Guest (Expert)

24 December 2014 Mukesh,

My name is Adit with a T.

A deliberate attempt to conceal income is different from mistake made by assessee. If that were the case, the law wouldn't allow revised returns or rectifications. It would need to be proved in the first place that the income was intentionally concealed by the person.

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