Mistake in deciding head of Income while filling return

This query is : Resolved

Pratik K (Querist)
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15 July 2009 Suppose,In It return for A.Y.2008-09 my friend filed return with stipend income and incoem from Business and profession.

His Business loss was near to 8000Rs. and income from other sources were near to 500Rs.

But by mistake she filled rteturn with Stipend income of 18000Rs under exempt income.

She has filled return on 11thMarch,2009 via efile.

Now as Stipend is to be included in Income from other sources,she found guilty.

What legal steps Income tax department can take against her?

Chandresh Pitroda

Chandresh Pitroda (Expert)
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15 July 2009 She has to file a revised return.

Abhishek Mohta

Abhishek Mohta (Expert)
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15 July 2009 Hi Pratik,

As the last date of filing revised return is not over ask your friend to file a revised return.

Income Tax department cant take any legal action her in this case if she files a revised return within the due date.

CA.Nikhil Gupta

CA.Nikhil Gupta (Expert)
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15 July 2009 Can she revise her return?

As for AY 2008-09, due date was 31.07.08, She didnt file return within stipulated time and i dont think we can revise the belated return.

Kindly clarify my doubts.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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15 July 2009 Original return is belated. Therefore, revised return u/s 139(5) cannot be filed.

Ratan Sharma

Ratan Sharma (Expert)
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15 July 2009 Hi,
As the original return is belated therefore return can not be revised. It is better to keep mum & wait for any action from A.O. If you yourself wants to disclose the fact then you will have to write letter to ITO regarding your mistake. He will issue notice u/s. 147 so that you can file the correct return in response of his notice.

CA Nitin Wadhwani

CA Nitin Wadhwani (Expert)
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15 July 2009 Another Clarification is that Stipend Income is to be shown under Income from Salaries.

Pratik K

Pratik K (Querist)
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16 July 2009 As Nitin says Stipend income is to be shown as SAlary Income.
But What I understands is Articled Assistant and his CA do not have any employer employee relation.CA is guide or a tutor for the article assistant as per my belief.
Pls cleify the same.