QUERY RELATING UPDTAED RETURN FILING OF TRUST UNDER AOP
This query is : Resolved
Quick Summary
25 July 2025
I had filed the Income Tax Return for the financial year 2022–23 (AY 2023–24) under the AOP status, as the trust is not registered under Section 12A of the Income Tax Act .
At the time of filing, due to a technical issue on the Income Tax portal, the return could not be uploaded unless the option “Whether the trust has business income” was marked as “Yes”, even though the trust does not have any business income . Since the taxable income of all its trustees is below basic exemption limit return has been filed as AOP at normal rate ignoring the warning trust with business income should go for AOP MMR .How ever we received demand notice calculating tax at AOP MMR rate.
We now wish to know whether we can file an Updated Return (u/s 139(8A)) to correct the business income option to “No”, and whether doing so will have any impact on the tax liability or lead to any reassessment or additional compliance.
At the time of filing, due to a technical issue on the Income Tax portal, the return could not be uploaded unless the option “Whether the trust has business income” was marked as “Yes”, even though the trust does not have any business income . Since the taxable income of all its trustees is below basic exemption limit return has been filed as AOP at normal rate ignoring the warning trust with business income should go for AOP MMR .How ever we received demand notice calculating tax at AOP MMR rate.
We now wish to know whether we can file an Updated Return (u/s 139(8A)) to correct the business income option to “No”, and whether doing so will have any impact on the tax liability or lead to any reassessment or additional compliance.
25 July 2025
Updated return cannot be revised or rectified. It will be processed as stated above. You should have waited to upload the return initially.
26 July 2025
WE HAVE ALREADY FILED THE ORGINAL RETURN .NOW WE WISH TO UPDATE THE RETURN
26 July 2025
Revision of return filed for AY 2023-24, is not possible now, as it is time barred. Contact your jurisdictional ITO, if he allows you to rectify it.
25 September 2025
Good luck...
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