Revised return after intimation u/s 143(1)

This query is : Open

Report Abuse Follow Query Ask a Query

Querist : Anonymous

Querist : Anonymous (Querist)

02 September 2011 CAN A RETURN BE REVISED U/S 139(5) AFTER RECEIVING A INTIMATION U/S 143(1)

Aditya Maheshwari

Aditya Maheshwari (Expert)
Follow

02 September 2011 Yes you can do.

Yogesh Agarwal

Yogesh Agarwal (Expert)
Follow

02 September 2011 No you can not do so, instead you should take plea of section 154 rectification,

Aditya Maheshwari

Aditya Maheshwari (Expert)
Follow

03 September 2011 Revised Return can be filed even after intimation u/s 143(1) is issued since the same is not considered as an assessment order in the court law though referred to as summary assessment. Since even after the issuance of intimation u/s 143(1), regular/scrutiny assessment can be done without any restriction.

There is a case law of Gujarat High court in which the court held that the assessee can file revised return even after intimation is served . S. R. Koshti v. Commissioner of Income-tax [2005] 276 ITR 165 (Guj).

The issue is settled to rest by the decision of Supreme Court in the case of ACIT vs Rajesh Javeri Stock Brokers (P) Ltd. 291 ITR 500 in which it was held that intimation although deem to the notice of demand U/s. 156 can not taken as assessment order.

Revised return can be filed after intimation u/s 143(1)(a)-AO must amend such intimation on the basis of revised return-Gujarat HC [2011] 333 ITR 0508 Commissioner of Income-tax Versus Himgiri Foods Limited

Message likes : 7 times

Yogesh Agarwal

Yogesh Agarwal (Expert)
Follow

03 September 2011 Dear Aditya

You may like to go through the lines produced u/s 154(1)(b)..."amend any intimation or deemed intimation under sub-section (1) of section 143"..

Since in the given case an intimation u/s 143(1) is received by the assessee then he should simply go with this section 154 for rectification..

I am not at all saying that your view is wrong but is not advisable if we have simpler way to conclude the rectification....

Regards!!

Aditya Maheshwari

Aditya Maheshwari (Expert)
Follow

03 September 2011 What you had said that you cannot file revise return. I said that can be done that is it. You could go for rectification also. That option is always open but if there is a mistake from assessees side in filing return then he has to file revise return to correct it and cannot go for rectification u/s 154.

Message likes : 1 times

Querist : Anonymous

Querist : Anonymous (Querist)

04 September 2011 Actually , return has been filed online and mail has been mail has been received from dept. so iam going for revised return.

Aditya Maheshwari

Aditya Maheshwari (Expert)
Follow

05 September 2011 You can file revise return in this case.

Sanchit Jain

Sanchit Jain (Expert)
Follow

22 January 2014 But, we cannot reduce income under rectification u/s 154. So, if there is some error in computation of income, the only option is to revise the return. However, in many cases, revised return is not processed by the department..
Views solicited..

Message likes : 2 times