Amended sec.139(4) and 139(5) (Open)
CA Saba Naaz  26 September 2016
As per F.A.2016, Any person who has not furnished a return within the time allowed to him u/s 139(1), may furnish the return for any P.Y. at any before the end of relevant A.Y. or before the completion of assessment, whichever is earlier.
My question is : Whether return filed in response to notice u/s 142(1) covered in this case ?
Earlier it was specifically written in the provision about notice u/s 142(1).
Same way, is it covered in the amended provision u/s 139(5). The language of this section has also changed now.
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Amended sec.139(4) and 139(5)
Replies (5)
Hello,
Regarding Section 139(5) Revised rEturn, the section is amended and has expanded its applicability to Section 139(4) i.e Belated Return. Section 139(4) Belated return covers Return u/s 139(1) and return u/s 142(1), so it means that now return filed as belated return whether u/s 139(1) or 142(1) can be revised.
Regarding Section 139(4), in case of belated return for 139(1), it says that return to be filed before end of A.Y or end of assesment whichever is earlier, in this case it can be taken as implied that assessment will begin after issuing 142(1) and so the said limit even applies to belated return for 142(1)
OK..that means in both the cases Return filed in response to notice u/s 142(1) shall be considered.
yes, it wil be covered
OK... thanks for clearing my doubt :)
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