Notice received u/s 148 (2) and a reply letter filed to treat the original filed earlier as return in response to the notice. Assessment reopened and 143 (2) notice issued. During the process of scrutiny the assessee found that self assessment tax paid was not reported in return. It this is reported, it will lead ot refund of tax. Can revised return be filed when the scrutiny is still not completed
05 December 2009
The procedure adopted is wrong. In reply to the notice u/s 148(1), the assessee has to necessarily file a return even if he had duly filed the return of income in the normal course u/s 139/142(1). In view of the law as aforesaid, u may file a return in which credit for tax paid u/s 140A may be claimed. But beware in the said return do not alter the total income.