Rectification Return after 4 years
This query is : Resolved
22 August 2025
Dear All,
We received a notice under section 143(1) from the Income Tax Department in 2014.
We are a society (residential complex).
The Income Tax Department has computed our income as per the Companies Act and not taxed it as per the normal tax slabs, hence we have been charged additional tax demand of Rs 2.19 lakhs.
And later, we received another notice under section 245 of the Income Tax Act, 1961 on 17-02-2023 to adjust the refund amount against the pending outstanding demand in the subsequent years. We did not file any rectification return from 2014 till the last notice received on 17-02-2023.
We filed the rectification return on 27-02-2023, 10 days after receiving the last notice under section 245. But till date the department has not taken any action on it.
As per Income Tax rules, rectification return should be filed within 4 years of notice issued by the department.
The demand is still pending and the portal is still calculating interest on it.
I need your suggestion.
Is there any way to complete the rectification return and delete the demand amount?
Before 2014 we were getting similar notices and we were filing rectification returns within the time limit prescribed by the Income Tax Department and the department was consistently accepting the correction returns and deleting the demands.
Regards
We received a notice under section 143(1) from the Income Tax Department in 2014.
We are a society (residential complex).
The Income Tax Department has computed our income as per the Companies Act and not taxed it as per the normal tax slabs, hence we have been charged additional tax demand of Rs 2.19 lakhs.
And later, we received another notice under section 245 of the Income Tax Act, 1961 on 17-02-2023 to adjust the refund amount against the pending outstanding demand in the subsequent years. We did not file any rectification return from 2014 till the last notice received on 17-02-2023.
We filed the rectification return on 27-02-2023, 10 days after receiving the last notice under section 245. But till date the department has not taken any action on it.
As per Income Tax rules, rectification return should be filed within 4 years of notice issued by the department.
The demand is still pending and the portal is still calculating interest on it.
I need your suggestion.
Is there any way to complete the rectification return and delete the demand amount?
Before 2014 we were getting similar notices and we were filing rectification returns within the time limit prescribed by the Income Tax Department and the department was consistently accepting the correction returns and deleting the demands.
Regards
22 August 2025
Rectification request may not be considered after such delay. You may contact ITO to request for condonation. Check if it can be helpful.
22 September 2025
Good luck..
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Opting our of sec 44AD
- INTEREST APPLICABLE ON ITC REVERSAL PORTION
- Regarding appeal to GSTAT
- LC charges in relation to Asset purchased should be Capitalised ?
- Copyright software
- Value of property in capital gain
- Transporter Declaration form
- Multiple trade mark
- Regarding TDS Applicability For Director Remuneration
- SALE OF MOTOR CAR BY REGISTERED INDIVIDUAL
- Taxation on Swing Trading Income (No Other Income)
- GST Treatment of Insurance Commission for Existing GST Holder
- Cash gift by grand mother to her grand daughter
- Tax amount diff in Gstr1 and 3B in tax compare reports
- Tds on GST in connection with sale to public company
- Restoration of certificate of practice
- Regarding change in correspondence address in SSP portal
- No Compliences after incorporation
- USEFUL LIFE OF USED/SECOND HAND COMMERCIAL VEHICLES
- Claiming TDS deducted by builder on Hardship compensation and Corpus
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
CAclubindia
