Can a rectified return u/s 154 be revised u/s 139(4)?

ITR 844 views 7 replies

CA PARTH SHAH

In Practice

1951 Points Joined December 2009

Mr X have filed ITR-1 for AY 14-15 within due date. He has claimed relief u/s 89(1) in the ITR which was not correct. As a reuslt the same was disallowed by CPC in the 143(1) initmation order. Later on, he applied for rectification of return u/s 154 online by correcting the amount of relief u/s 89(1). However the rectification was rejected and the case was transferred to the jurisdictional Assessing Officer. Can Mr X now revise the return instead of applying for rectification u/s 154 to Jusrisdictional A.O. WIll CPC will process the revised return or CPC will reject the return stating that rectification of the original return is still pending with AO?

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Replies (7)

Udgam Koomar

Tax Technologist

1949 Points Joined August 2011

I think they will not accept due to earlier order.

CA D.C. Bansal

Accounts Head

283 Points Joined November 2007

In my opinion, you may still revise the return.

Rashi Bajaj

752 Points Joined January 2012

As per Income tax provisions, you may revise return till one yr from end of Assessement year or till completion of assessment (whichever is earlier). In your case, since you have already been assessed u/s 143(1), you cannot revise the return.

Rajagopalakrishnan R

PARTNER

1422 Points Joined May 2010

However, there are some views that an intimation u/s 143(1) is not an assessment, barring a revised return. Therefore you can try and file a revised return after correcting the mistake and also if you are within the time limit of one year of original return

Kishan Reddy

Practicing Chartered Accountant

103 Points Joined November 2007

I agree with Rajagopala Krishnan sir

CA D.C. Bansal

Accounts Head

283 Points Joined November 2007

Agreed!

Intimation is not an assessment and return may be revised anytime before assessment. Nowadays intimation is being sent in almost all the cases if it is considered as assessment then it will not be possible for anybody to revise the return after intimation whereas it is not the case.

Rashi Bajaj

752 Points Joined January 2012

Agreed with Raj Sir. In your case, since demand is outstanding, intimtion u/s 143(1) will be treated as demand notice only. Only in case no tax liability is due, the intimation is considered as order.

So you may revise return any time till 31-03-2016.