I got a case in which the return was filed belated for A.Y. 2011-12 and it contained the worng data filled in it and according to those wrong data, the tax was paid. but actually, there was no need to pay such tax as the actual income was below the basic exempted limit of income. Now, i want to get that tax paid as refund. is there any way to claim it back?
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Mistake in belated return
Replies (7)
Return for the Assessment Year 2011-2012 is belated only after 31-03-2013. Your Return is well within time allowed u/s.142. It can be revised
Return filed after the expiry of time limit prescribed in section 139(1) is a belated return.
A belated return cannot be revised.
Assuming that your belated return is processed as such then you may take help of section 264 which provides -
"Commissioner may, either of his own motion or on an application by the assessee for revision, call for the record of any proceeding under this Act in which any such order has been passed and may make such inquiry or cause such inquiry to be made and, subject to the provisions of this Act, may pass such order thereon, not being an order prejudicial to the assessee, as he thinks fit."
For AY 2011-12 , you can file the Belated Return till 31.03.2013 and show as Refund.
@ Abhisek,
The querist has already filed belated return which has some error.
Yes, Suraj a belated return cannot be revised. The only recourse is section 264.
Thanks,
Agree with both Suraj & Dipjyoti. A Belated Return can not be revised.
Belated Retutn Cannot Be Revised...............
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