Return u/s 44ad - software calculated int u/s 234 b & c,

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

02 April 2012 dear sir,
i filed one of my clients return on 31/03/12 u/s 44AD. the software i used claculated interest u/s 234 B and also under 234 C. we paid tax alongwith above int u/s 234B and 234 C and e-filed on 31.3.2012 in a hurry. if i am correct asessees filing return u/s 44AD not under obligation to pay advance tax,hence no int liability u/s 234B AND C,
Can we file revised return with int u/s 234B AND C as ZERO ?

There is a provision to clculate int u/s 234 manually under software i use. so there i want to put ZERO under coloumns 234B and 234C.

I am correct in the above matter.

kindly advise whether i can file revised return with corrections reg.int u/s 234 B AND C?

ps: i used ITR 4S. i have filed return u/s 139(1) and the above return pertains to asst year 11-12 with year end 31.3.2011 & its due date is 31.07.2011

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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03 April 2012 Since you have filed the return on 31.03.2012, it is a belated return.

A belated return CANNOT be revised.

Querist : Anonymous

Querist : Anonymous (Querist)

04 April 2012 NOT SATISFIED WITH THE ANSWER .KINDLY GO THROUGH ONCE AGAIN AND PS

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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04 April 2012 A return can be revised u/s 139(5) only if the original return has been filed BY the due date.

In the above case you must have filed the return for AY 10-11 or AY 11-12.

Since the return has been filed AFTER the due date, it is a belated return [filed u/s 139(4)].

Accordingly, this return CANNOT BE REVISED.

Querist : Anonymous

Querist : Anonymous (Querist)

04 April 2012 Dear sir,
Thank you for your advice.Kindly clarify for the following,

i have filed ITR 4S PERTAINING to asst year 2011-12 and assessee's year end is 31.03.2011. And Original return of the above, e filed on 30.03.2012.

can i revise the above return reg 234B &C AND file in this month april 2012?

Querist : Anonymous

Querist : Anonymous (Querist)

04 April 2012 thank you so much. now i understood provisions of revised return with respect to belated returns after going through those sections. Though High courts favour that belated return can be revised but SC is against high courts.

can we make an application for rectification of mistake U/S 154 in the above mentioned original query after receiving intimation u/s 143(1)for refund of int unnecessarily paid u/s 234 B AND C ?

ASSESSEE is not liable for advance tax when he has filed return u/s 44 AD.
KINDLY advice. Once again thanks .

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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05 April 2012 Ues you can file a rectification application, if the intimation from CPC contains interest u/s 234b & 234C.

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