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Rectification

Ramesh patel (Business) (190 Points)

19 February 2020

can a person file rectification request after receiving notice u/s 142(1) income tax ?

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25 Replies

Alok Singh (209 Points)
Replied 19 February 2020

I don't think so....

sabyasachi mukherjee (26047 Points)
Replied 19 February 2020

Rectification request u/sec 142(1)

procedure to deal with it..
if the assesse has not submitted return within the time limit pescribed under section 139 (1).
he may receive a notice under sec 142 (1)(i) on such person requiring him to furnish the return of income in the pescribed form and manner.
the assessing officer may ask the assesse to produce such documents as may be required.

the assesse will be given an option to get his accounts audited if required by the law.

Kapadia Pravin (17249 Points)
Replied 19 February 2020

Rectification door opens up only after assessment of ITR and service of Order / intimation by AO/CPC.

sabyasachi mukherjee (26047 Points)
Replied 19 February 2020

After online assessment are submitted and e verification done after submitting returns.

Kapadia Pravin (17249 Points)
Replied 20 February 2020

But what is your reply for query ?

sabyasachi mukherjee (26047 Points)
Replied 21 February 2020

@ ramesh I hope u hv understood...
rectification request can be submitted by logging into e filing portal ..
the detailed procedure have been mentioned.

Kapadia Pravin (17249 Points)
Replied 21 February 2020

No Ramesh you can't submit it when you hold 142(1) notice on another hand.

sabyasachi mukherjee (26047 Points)
Replied 21 February 2020

@ ramesh
u can submit a fresh return.
the options are there...

Kapadia Pravin (17249 Points)
Replied 21 February 2020

As per query it's for filing rectification request.

Where it is for filing return in query ?

If return not filed earlier then filing of return in lieu of 142(1) notice is demanded by AO.

Ramesh, is query right ??
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Where are options ?
which option ??
Under which section ??
Complete the reply.
What do you mean by FRESH return ?

sabyasachi mukherjee (26047 Points)
Replied 24 February 2020

The assesse has not revealed that he has not filed return within the due date...
sec 142 (1)

to be dealt in following ways:
a)the return has not been filed.
b) So the return has to be filed
c)the assesse has to submit accounts .
Sec 142 (1) means the assesse has not submitted his return within the due date.