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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Can a rectified return u/s 154 be revised u/s 139(4)?
Replies (7)
I think they will not accept due to earlier order.
In my opinion, you may still revise the return.
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.
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
I agree with Rajagopala Krishnan sir
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.
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.
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