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Intimation u/s143(1) of rectification rejected. What to do?

Priyank (CA in Practice) (44 Points)

27 April 2011

I have filed Return u/s139(1) of A Y 2009-10 with set off of brought forward losses of Long term capital gain of the AY 2001-02 and 2003-04. But due to program error, xml file didnt fatch date of filing and set off claim rejected by CPC and raised demand. Against this, I filed rectification but still rectification rejected. Letter from CPC state that file revise return or prefer an appeal against the order. Now what to do? Whether to file rectification again or file appeal. Revise return can not be filed as it is now time barred. Please guide.

Thanks

Priyank Dave

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3 Replies

Anumanchipalli Sathikonda (Tax Consultant) (1349 Points)
Replied 27 April 2011

Mr.Priyank

A revised return can be filed before expiry of one year from the end of the relevant assessment year or before the completion of the assesment, whichever is earlier.

In your case the time of one year was completed on 31.03.2011. Hence you cannot file a revisied return. The only option left with you is to prefer an appeal before the Commissioner of Income-tax (Appeals) before completion of 30 days from the date of receipt of order u/s 154 i.e. order rejecting your request for rectifying the mistake.

Even the time of 30 days lapsed you can file an appeal and request for condonation of the delay.

Best Wishes

Sathikonda

rakesh (accountant) (22 Points)
Replied 10 June 2011

Assessee First time rectification but wrong XML Upload so agian retification request submission its possible XML File Upload. a another option available

Please Suggest to me .

U S Sharma (glidor@gmail.com) (21056 Points)
Replied 10 June 2011

Originally posted by : rakesh
	Assessee First time rectification but wrong XML Upload so agian retification request submission its possible XML File Upload. a another option available Please Suggest to me .

wrong xml means? if pan number and AY is valid for specific then its correct xml, if these both are invalid, then cpc will reject the xml auto. and then you have to upload another xml