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Return under section 139(9)

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Guest

Guest (Querist)

11 November 2013 Hi,

Someone may please see the following and reply, if possible:

Query(s)

A company filed it's ITR on 30.09.13 without making full payment of Self-Assessment Tax.

Thereafter, the company paid the balance payment of Self-Assessment Tax.

Now, should the company revise the said ITR with providing the challan details for the balance payment of Self-Assessment Tax.

What is the appropriate process to be purused?

Ans:..................

Whether the filed original return on the due date shall be treated as VALID or INVALID or DEFECTIVE.

Ans:..................

In the Return to be filed, which Section is appropriate i.e. Section 139(4) or Section 139(5), as the company has not received any INTIMATION FROM CPC till date to the effect of DEFECTIVE return.

Ans:..................

Thanks in advance for the reply(s).

CA PARAS BAFNA

CA PARAS BAFNA (Expert)

11 November 2013 A defective return can be rectified.
.
You can revise it as it has already been received by the department on or before the due date.
.
Section 139(5) will be applied in this case.
.

Nikhil Kaushik

Nikhil Kaushik (Expert)

11 November 2013 the original return filed was defective.

No need to wait for any intimation from tax office.

Revise the return as suggested by Bafna ji.

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