UPDATED RETURN UNDER SECITION 139(8A)

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This query is : Resolved

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This discussion addresses issues arising from updated returns filed under Section 139(8A) of the Income Tax Act. It explores whether a return initially filed as an updated return, but later found to be defective under Section 139(9), can be rectified or re-filed under Section 139(8A). Specific scenarios include incorrect tax payment classification and penalties, highlighting that updated returns require tax payment with a 25% additional tax to be considered valid.

Suresh S. Tejwani

Suresh S. Tejwani (Querist)
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25 January 2024 1. WHETHER UPDATED RETURN FILED U/S 139(8A) BECAME DEFECTIVE U/S 139(9) THEN SUCH RETURN CAN BE RECTIFIED OR CAN BE FILED U/S 139(8A) AGAIN?

2. While filing updated return, the payment of tax u/s 140B was wrongly shown under self assessment tax paid. Defective notice u/s 139(9) has issued asking valid proof of payment of tax as required u/s 140B. Can we use the same challan and file defective notice.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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25 January 2024 How much tax you paid.

Suresh S. Tejwani

Suresh S. Tejwani (Querist)
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26 January 2024 Penalty paid of Rs.1000

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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26 January 2024 Penalty payment of 1000 not accepted for updated return. It's not a valid return.
Updated return can be filed only in case of tax payable with 25% extra tax payment.

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