Belated return under 139(4) & revised

Tax queries 6327 views 2 replies

Hi,

 I have filed belated return for AY 2012-2013 (FY 2011-2012).

 

I have filled up ITR1 by downloading it.

 

I have choosen option "12-After due date 139(4)" and in another option i have choosen "Original".  filled up all other details using form-16. Ran the calulate tax macro on excel sheet. It has shown tax payable amount  Rs.17000+ including the interest.

I have cross check 26AS and there is a tax due Rs.13000+. Total tax payable with interest came out to be 17000+.

Without paying the due through challan 280 and filling up self assessment tax part in ITR1 to get tax payable to 0.

I have uploaded the excel sheet and got an ITR V.

As i cannot choose 139(5) for belated tax return.

Now shall i choose 139(4) and "Revised" in the ITR1, fill up the self assessment tax details with challan information and file the return again?

 

Or tell me exactly how shoud i go about rectifying the problem and getting the tax payable amount to 0.

Thanks,

Neelakantan K.

Replies (2)

go to rectification under section 154 online and then rectify your mistake.....

Originally posted by : CA Parul Saxena

go to rectification under section 154 online and then rectify your mistake.....

I got the error: "No rectification order exists for the assessment year" when i tried to fill  rectification initimation under section 154 online. i Could not ever place rectification request as it requires latest communication reference number and latest CPC order date.

 

Why cannot i do 139(4) with "Revised" in ITR1? It is not invoking section 139(5).

Section 139(4) of IT act only says you cannot invoke 139(5) if original was under 139(4).

Here i want to do 139(4) with "Revised" in ITR1.  This option is available in the ITR1 excel sheet downloaded from the https://incometaxindiaefiling.gov.in for AY 2012-2013.

 

Returns of income filed under section 139(4) of the Income-Tax Act, 1961—Whether can be revised under section 139(5)—Whether extended time limit under section 153(1)(c) be available in respect of such returns of income—Clarification regarding

Instruction No. 888-CBDT F. No. 243/13/75-A & PAC-II, dated 1-10-1975-CBDT Bulletin XX/I/97, page 233.

 

A person who has not filed a return of income within the time allowed to him under sub-section (1) or sub-section (2) of section 139 of the Act, but files a return of income under section 139(4) is not entitled to file a revised return under section 139(5) of the Act. Such a return of income cannot also be taken into consideration for the purposes of computing the period of limitation under section 153(1)(c) of the Act, and therefore, the extended time limit of one year under section 153(1)(c) will not be available in respect of a revised return of income purported to have been filed under section 139(5) where originally the return was filled under section 139(4).

[Instruction No. 888-CBDT F. No. 243/13/75-A & PAC-II, dated 1-10-1975-CBDT Bulletin XX/I/97, page 233.]

 


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