Mistake in late e-filing of itr2 for ay 2011-2012

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I had e-filed ITR 2 for AY 2010-2011 only in July 2011 claiming a refund for TDS made. I received a Sec 143(1) Notice with a tax demand Sec 156 Notice from CPC as my TDS was not computed to my credit although Form 26 AS reflects the TDS.

My problem is worrying because I know I stll have time until 31st March 2012 to file revised return for CPC re-processing BUT I had made a crucial error in my original return by filing it under Section 139(1) instead of Section 139(4), as it was a late filed return. Could this be another reason for the CPC Sec 143(1) Notice?

My question is.... Can I attempt to e-file a revised return under Sec 139(5) to claim my refund under the above circumstances?  As the original return was filed although by mistake under sec 139(1), will that allow me to file revised return under sec 139(5)?  

 

 

Replies (1)

section 143(1) notice is nothing but an assessment order intimating the calculations made by the department.

the notice indicates a sum payable by you which is wrongly calculated since the t.ds. credit is not given.

in my opinion if  your  t.d.s. matches with form 26AS then file a rectification u/s154 online, wherein you can point out the reasons for why the amount demanded is not payable.

you have filed ur original return late, therefore you cannot revise you return.

31.03.2012 is the maximum time limit permissible to file a return even belatedly.


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