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Incorrect claim-u/s 143(1)(a)(ii)

ITR 1853 views 7 replies

I GOT COMMUNICATION FROM INCOME TAX DEPT as U/S 143(1)(a)(ii) as taxpayer has claimed house rent allowance hence 80GG not allowed. In this case what I need  to select. Do I need to say agree, partially agree or disagree?

Is this a major mistake?? Will it lead to penalty??

Replies (7)
Since you have claimed HRA under 10(13A) , you can not claim Deduction under 80GG

In this case you select AGREE

This is an error but inadvertant one.
No penalty but you will have to pay tax and interest as a result of 80GG disallowance.

1. Any person who has claimed HRA u/s 10(13A) cannot again claim sec 80GG. 
2. Hence, notice was sent by department u/s 143(1). Go to respond to notice and give agree. 
3. If any tax liability arises on account of the above disallowance will need to be paid along with interest. 
4. No penalty will be imposed in this case. 
Please correct me if the above solution has an alternative view. 

As notified i agreed. But i receive this error " Please file a revised return to correct the variances agreed or partially agreed".

Can i submit revised ITR, Will it gives me any penalty as i did incorrectly for the first time or due to the fact i already past the timely filing.

How can i proceed further from this error. Anyone please suggest. (Attached error doc in this reply)

Thanks in advance.....

In addition to my above reply,
you file revised return immediately and do not take any Deduction under 80GG.

Whatever tax becomes payable on revised return - pay it. And upload the revised return under 139(5)

after getting the Incorrect claim-u/s 143(1)(a)(ii)
IF we revised return -pay it and upload the revised returns under 139(5), we have to pay for Fee u/s234F? 

@ Shivaraj
No 234F fee on revised return

Hi Kapadina,

Thanks for the replay, but i have some doubt on above lines.

I GOT COMMUNICATION FROM INCOME TAX DEPT as U/S 143(1)(a)(ii) as taxpayer has claimed house rent allowance hence 80GG not allowed. In this case  I selected as agree, i receive this error " Please file a revised return to correct the variances agreed or partially agreed". again i went and submitting the revised ITR,  while filling the NEW ITR i am getting the  fee on  Fee u/s 234F as Rs. 5000 due to the fact i already time lapsed (last date was Aug 31st) . Please suggest,what action can we take? , we have to any other option on this or else we have to pay the fee under FEE u/s 234F ?

Thanks in adavance

 


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