demand u/s 143(1) :- mistake in return

Tax queries 468 views 1 replies

One of relative has received an intimtaion U/S 143 (1) , which is Deemed notice U/S 156 .

for Assessment year 2008-09 i.e Finacial Year 2007-08.

 

However, now we have observed, that there was a mistake in the return of income.

my question is now what do do ????  because the time limit has U/S 139(5) for revised return has

also been over,

what are the measure available  ???
 

can we file the, the rectification Applicaltion U/S 154, But we cannot apply for rectifictaion also ,

as mistake is not the order , but the mistake was in the return of income only.

 

Reagrds

Amit Ingale.

Replies (1)

Dear Amit,

Record’ for purpose of section 154 does not merely mean assess­ment order; things which accompany return are also part of record - Annamallais Agencies v. CIT [2003] 260 ITR 478 (Mad.).

So it is not an issue that the mistake was in the intimation or not...Application for rectification of intimation can be made even if Intimation is correct based on incorrect return....

But be clear that mistake should be apparent.


CCI Pro

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