Itr u/s 148

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This query is : Resolved

ARTHI (Querist)

16 March 2015 Dear Friends / Experts,

Please guide me on the following, IF POSSIBLE:

Query

Assessee Company received Notice u/s 148.

Should the 'Return be filed' under Section 148 and we need to consider the 'Return Filing as ORIGINAL' only (though it was belatedly filed on 31/12/2012 for AY 2012-13)?

Please confirm the proper way of filing of return u/s 148.

Note:

I remember, for one of our clients, I filed the Return u/s 148 and Return Filing as 'Revised' for AY 2010-11, the ITR UTILITY did not prompt for any error (of appropriate section) and successfully uploaded. (This happened a year back or so).

Thanks in advance for possible replies from all concerned.

CA Mohit Bansal

CA Mohit Bansal (Expert)

17 March 2015 Hi Arthi,

There is no significance of putting original/revised return in case of return filed in response of notice u/s 139(9),142(1),148,153A/153C. Therefore you can either original or revised, it wont make any difference and ITR would validate both the options coupled with section 148

ARTHI

ARTHI (Querist)

17 March 2015 Thanks for the reply.

Kindly note that if 'Return to be filed is U/S 148', then option available for Return Filing is only Original,

as for 'Return to be filed as Revised' shall be under a separate Section 139(5)'.

Hence, for Returns to be filed u/s 148, the only option available for Return Filing is ORIGINAL.

Note:

I now believe that for old years (up to AY 2010-11), ITR Utility was not properly designed to take of such requirement(s).

CA Mohit Bansal

CA Mohit Bansal (Expert)

17 March 2015 Yes. It might be the reason

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