Itr of tax audit firms without details of audit

ITR 681 views 2 replies

HI EVERYBODY......

I WOULD BE THANKFUL IF ANYBODY ANSWERS THE FOLLOWING QUERY.....

QUESTION.

IF ITR OF ANY FIRM LIABLE TO TAX AUDIT U/S 44AB HAS BEEN FILED WITHOUT FILLING DETAILS OF AUDIT (ie. ITS BEEN TICKED BY MISTAKE AS AS NOT LIABLE TO TAX AUDIT AND WITHOUT FILLING DETAILS OF AUDITOR AND DATE OF AUDIT REPORT, ETC.), WHEREAS IN ACTUAL, AUDIT IS BEEN DONE BEFORE DUE DATE AND REPORT BEEN RECEIVED BY THE CLIENT AS BEEN REQUIRED BY SECTION 44AB; THEN CAN THE MISTAKE BE CORECTED JUST BY FILING A REVISED RETURN NOW ??

FURTHER CAN IT GIVE RISE TO PENALTY U/S 271B, ONLY FOR THE REASON OF NON FILLING DETAILS OF AUDIT IN THE ITR, WHICH IS BEEN CORRECTED IN THE REVISED RETURN ??

FURTHER, CAN IT LEAD TO SELECTION OF SUCH FILES FOR SCRUTINY U/S 143(3) ??

WHAT IF, THE SAME MISTAKE IS DONE IN NO. OF CASES, SAY FOR 20 CLIENTS AT THE SAME TIME ??

Replies (2)

 

U can revise the return by rectifying mistakes with all corrections or modifications.
 
If an assessee has filed the original or first return before the due date, then he may 
revise the original return.  In case of revising the original return, the assessee has to choose the 
option of revise turn in place of original return.  On choosing the  „Revised‟ return option,  
assessee needs to provide the Original efiling acknowledgement number and date of filing the 
original return.  Further, the assessee is required to select the section of return filing as 139(5)
 
Please refer to circular No.3/2009 dated 21-5-2009 for applicability of penalty U/s 271B.
    
" Following clarifications are also issued in respect of certain issues arising from furnishing the returns in the above mentioned forms:
An assessee should obtain the report of audit from an accountant under section 44AB of the Act on or before the due date of the furnishing of the return and should fill out the relevant columns of the return forms on the basis of such report. However, the report of audit should not be attached with the return or furnished separately any time before or after the due date. The assessee should retain the report with himself. If called for by any income-tax authority during any proceeding under the Act, it shall be incumbent upon the assessee to furnish/produce the same in original. No penalty under section 271B shall be initiated or levied for not furnishing the tax audit report on or before the due date. However, if the audit report has not been obtained before the due date, provisions of section 271B shall continue to be attracted.   ''''
 
As far as scrutiny assessment U/s 143(3), the chances for selection is less if it is one or rare cases.
However the same mistake is done in number of cases where the name of auditor mentioned or registered in ITR is same in all cases, then chances of selecting for scrutiny are more.
 

Thanks for your reply.....but, i think the question is still left unanswered to the extent that....

Will the "non filling of audit details" in the ITR be deemed as "non furnishing of ITR" ??

This is because, the extract of circular you presented also says - 

"An assessee should obtain the report of audit from an accountant under section 44AB of the Act on or before the due date of the furnishing of the return and should fill out the relevant columns of the return forms on the basis of such report."

So if possible, try to resolve it.

Thanks.


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