Late filing of acknowledgment of itr 1

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This query is : Resolved

PRADEEP KUMAR VATS (Querist)
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07 December 2013 Dear all

Please suggest me the consequences if the itr1 acknowledgment copy is not filed within 120 day from the date of uploading of itr.

Thanks

Pradeep Kumar

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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07 December 2013 It means as if no return is filed in time and all the consequences of non filling like int, penalty etc so far as applicable to non filling shall apply.

however belated return can be filled upto 1 year from end of rel AY.

Ganeshbabu K

Ganeshbabu K (Expert)
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07 December 2013 return filed becomes invalid and you have to file one more return now and send acknowledgement to cpc

PRADEEP KUMAR VATS

PRADEEP KUMAR VATS (Querist)
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07 December 2013 can i send already uploaded return now, yes ao under 143(1) will make the intt and penalty. but as ganeshbabu said again file return than that acknowledment will be forwarded not the previous one. Is it so? I hv also discussed with other person they said u can forward this one and AO will put intt penalty under 143(1).

Please reply

Thanks

Pradeep Kumar

Ganeshbabu K

Ganeshbabu K (Expert)
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07 December 2013 no in my opinion previous return becomes invalid
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so you have to file return again,,you have to file revised return and then send both itr-v to cpc

PRADEEP KUMAR VATS

PRADEEP KUMAR VATS (Querist)
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07 December 2013 ok

thanks ganeshbabu

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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07 December 2013 No, revise return can be sent only when the itr acknowledgement is duly sent to cpc,banglooru...in this case first you should send the original itr acknowldgement and then file new itr online...take a print of new itr acknowledgment and send it within 120 days from filling new return.

PRADEEP KUMAR VATS

PRADEEP KUMAR VATS (Querist)
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08 December 2013 hi tushar

I have also discussed the same issue with one of my senior , he replied that if u have not sent the itr 1 within 120 days, it will be deemed as non filing of return. consequently, you need not send the acknowledgment ,instead you need to again prepare itr and upload it and that acknowledment will be filed under section 139(4) i.e., belated return. So i feel he was right. what's your opinion?

Regards

Pradeep Kumar

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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09 December 2013 Yes i agree with this view as ultimately it will be u/s 139(4) as belated return and will be accepted.

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