Late Fees/Penalty u/s SeC 234F Applicable on Revised Return

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This discussion explores the legality of levying late fees under Section 234F on revised income tax returns. The original return was filed and verified before the due date, but a notice under Section 139(9) was issued for being defective. Although a revised return was filed claiming a refund, this refund was processed after deducting the Section 234F late fee. Participants debate whether this deduction is correct and discuss potential recourse, including filing a rectification under Section 154.

VIJAY SUKHDEV AHER

VIJAY SUKHDEV AHER (Querist)
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23 February 2021 Original Return Submitted and E-verified before Due Date. Notice U/s Sec 139(9) is served treating Return as Defective due to incomplete ness. Revised Return is Filed, Refund claimed in Revised Return is processed after deduction of Late Fees/Penalty u/s Section 234F.

Is Deduction of Late Fees/Penalty Mentioned in Intimation processed Correct?, How to recover Penalty/Late Fees

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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24 February 2021 It's not right to levy late fee on revised return. File rectification under section 154.

CA.Pujah

CA.Pujah (Expert)
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24 February 2021 Notice u/s 139(9) is issued when return is found defective and a period of 15 days is provided to the assessee to resolve the same, however if assessee fails to do so, the return is considered as defective and treated as return has never been filed and interest u/s 234F will also apply accordingly.

In case of notice u/s 139(9), you need to login and under efile option, submit a response to notice under Section 139(9). Please check the date of your response.

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