Related to ITR U for AY 22-23


This query is : Resolved 

Quick Summary
This discussion addresses filing an updated Income Tax Return (ITR-U) for Assessment Year 2022-23 when self-assessment tax paid exceeds the actual tax liability. The user was advised by a tax advocate that an ITR-U cannot be filed in such cases, as refunds are not permitted. The advice suggests increasing tax liability to file the ITR-U. The user seeks guidance on whether filing an ITR-U is possible and if any penalties apply. The response indicates that a standard ITR-U may not be feasible due to the refund issue, but suggests exploring filing under Section 119(2)(b) with permission from the Joint Commissioner of Income Tax (JCIT).

10 July 2023 I am salaried with TDS @ 30% (per Old Regime) along with Capital Gains ( Equity / Debt MFs ) earned during FY 21-22. No ITR has been filed for this period. Neither Original, Nor Belated. But I had made payment of Self Assessment tax, due to which tax deposited is more than my tax liability.

Now, as I am trying to file ITR U for this period ( AY 22-23 ), the Tax Advocate, whose help I am seeking, tells me that ITR U cannot be filed since refund is not allowed (as tax deposited is greater than tax liability) and that I would have to increase my tax liability by showing additional income to be able to file ITR U. I am not sure how I can increase my tax liability when I don't have any other income for this period.

Based on above, request for guidance on following queries :
1) Whether I can file ITR U ?
2) Whether any additional charges, such as penalty etc., are payable, considering that tax deposited is more than my tax liability for this period (AY 22-23) ?

10 July 2023 1. No.
2. May be, as ITR not filed. You can file ITR u/s. 119(2)(b) after getting permission from your JCIT.

13 July 2023 Thank You Sir, for your response.

13 July 2023 You are welcome.


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