Revised Return filing
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
11 September 2010
Dear Experts Forum,
I had filed my return in June 2009. Due to unknown reasons to me my case has come under scrutiny for which they will assess me in jan / feb 2011. While doing post mortem of my return and accounts I realised that there is an income of Rs 3 lacs which I ommitted to declare. Can I file a revised return ? Will it be considered since I will be filing post receipt of notice under 143(2). What are the consequences of my act of ommission ?
I had filed my return in June 2009. Due to unknown reasons to me my case has come under scrutiny for which they will assess me in jan / feb 2011. While doing post mortem of my return and accounts I realised that there is an income of Rs 3 lacs which I ommitted to declare. Can I file a revised return ? Will it be considered since I will be filing post receipt of notice under 143(2). What are the consequences of my act of ommission ?
11 September 2010
Tax and Interest on Rs. 3 lakhs has to be paid in addition to penalty proceedings under section 271(1)(c) of the Incoe tax Act,1961.
Revising the return in this stage will strengthen the penalty issue.
Revising the return in this stage will strengthen the penalty issue.
11 September 2010
agreed with Chackrapani Ji.
Now do nothing, wait for demand notice.
Now do nothing, wait for demand notice.
11 September 2010
I don't think, if revised return is filed now i.e., before the undisclosed income is detected by the deptt., penalty can be imposed. In my opinion, revised return should be filed immediately.
12 September 2010
Department have the power to leave concealment penalty U/s 271(1)c under the above situation even you have voluntary revised your return.
So wait for the notice. Agree with B.Chackrapani Warrier Ji..
So wait for the notice. Agree with B.Chackrapani Warrier Ji..
12 September 2010
what notice is to be received now ? I am still of the opinion, if concealment is detected by AO penalty can be levied surely but if revised return is filed by the assessee before the income is detected by the AO, there are chances that the penalty is not imposed. revised return can be filed at any time within one year from the end of assessment year or before completion of assessment whichever is less. case CIT vs. Manubhai and bros. deliver by Gujrat High court on 4.12.2006 can be referred. there are also many other cases too.
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