Revision of belated return u/s 139(4) for AY 2016-17

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This discussion addresses the issue of revising a belated income tax return filed under section 139(4) for AY 2016-17. The original return was filed after the due date and processed, but a subsequent revised return claiming a refund was rejected. The core problem is that revised returns are generally not permitted if the original return was filed late. The user is seeking advice on the best course of action, considering options like applying for condonation of delay or filing a petition with the ITAT.

Asit Kumar

Asit Kumar (Querist)

31 January 2021 Sir, for AY 2016-17, i filed original return after due date u/s 139(4) with zero refund and it was processed by IT dept. But on finding some omission of income, i filed revised return in March 2018 claiming refund of 33000. But, IT dept is saying revised return is invalid since original return filed after due date.
I know that from AY 2017-18, belated returns can also be revised u/s 67 of finance act 2016.
But, in my case, what is the way forward?

Should i apply to Commissioner of IT for condonation of delay u/s 119(2)(b)?
or should I file petition in ITAT?