ITR error of FY 2006-07

This query is : Resolved

rajkumar nadar (Querist)
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06 July 2009 i had filed my ITR for FY 2006-07.
now i had got a notice saying my refund will ot be processed bcos there is erroe n hv asked for my form 16.

when i checked i saw there is an error ..i had filed wit only one form 16 for that yr...whereas i should hv done with my two employers form 16...now after calcn its found that i actually hv to pay rs 3800 tax...what should i do now.

a) can i file a revised ITR for FY 2006-07
b) is there any penalty i hv to pay.
c) what is the process to rectify the error.
d) will they accept my ITR fir AY 2007-08 now.
e) what is the penaly / interst i hv to pay on 3800.

pl guide, thanx

Ratan Sharma

Ratan Sharma (Expert)
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06 July 2009 Hi,
You can not file revise return as the date has already expired. It could have been filed upto 31st March 2009. When you have filed your return of income? The date of processing the return for F.Y. 2006-07 has already expired therefore no notice can be issued to you. Under which section the ITO has issued you the notice? Return can only be filed in response to notice u/s. 147 issued by the AO. The penalty leviable minimum Rs 3800/- maximum upto Rs. 11400/- in such case. It is better to suomoto submit all the correct data before AO, before he issue notice to avoid penalty proceedings. No penalty can be levied if you prove that there is no intention to defeat any provision of law and the mistake has been occured inadvertantly. The bonafide intention has to be proved. Meet the Additional Commissioner of Income Tax if the ITO force to levy the penalty.

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