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Rectification or Revised Return

Shweta (-) (56 Points)

07 July 2011

Sir/Madam... Please answer this query

We had filed a return u/s 139(4) on 05/05/10 for A.Y.09-10.. Also we noticed one mistake after we recd an intimation u/s 143(1).The mistake is as follows: Income shown is -1655117..But the figure shown in balance sheet(correct figure) is -2592122. Is it appropriate to file a revise return or rectification u/s 154. If the answer is filing of revise return ..should we do it online or manually....

Please Advice..

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14 Replies

ashish gupta ( student) (1922 Points)
Replied 07 July 2011

you already filed your return late under section 139(4). Belated return cannot be revised and there is no other provision except to revise the return. this cannot be rectified u/s 154 as this is not a case of mistake apparent from records.

further you can not carry forward the loss when return is not filed in time given u/s 139(1).

I advise you to post this query in expert section.

1 Like

Shweta (-) (56 Points)
Replied 07 July 2011

But i think mistake is an arithmetical error.. The income shown under balance sheet is Rs.9 lakh lessor than the actual figure... Hence we are liable for a refund of Rs.50000... We also recd an intimation u/s 143(1). The figure quoted in the balance sheet in the return shows 9 lakh more than the income shown under PGBP..Pls advice

ashish gupta ( student) (1922 Points)
Replied 07 July 2011

then you can requst for rectification u/s 154. Revised return is not possible

1 Like

Arvind Sharma (ACA) (1432 Points)
Replied 07 July 2011

Originally posted by : Shweta
	But i think mistake is an arithmetical error.. The income shown under balance sheet is Rs.9 lakh lessor than the actual figure... Hence we are liable for a refund of Rs.50000... We also recd an intimation u/s 143(1). The figure quoted in the balance sheet in the return shows 9 lakh more than the income shown under PGBP..Pls advice

Mrs. Freny Rashid Chenai v. ACED [1973] 90 ITR 31 (AP).

(Taxmann’s Direct Taxes Manual, Vol. 3.)

The mistakes that can be rectified under section 154, are those which are ‘apparent from the record’ and not merely the arithmetical/clerical errors. There can be no doubt that a clerical or an arithmetical error would amount to a mistake apparent from the record. It is immaterial as to how the mistake occurred, or who was responsible for it. A mistake apparent from the record is a mistake that is manifest, plain or obvious, a mistake that can be realised without a debate or dissertation. A mistake which can be discovered by a process of elucidation or argument or a debate, cannot be considered to be a mistake apparent from the record. The scope of the expression ‘mistake apparent from the record’ is much wider than the expression ‘mistake apparent on the face of the record’.

So you can go for 154. Because, its purely Mistake upon which two views are not possible... So apply for 154.. :)

1 Like

Shweta (-) (56 Points)
Replied 07 July 2011

Is rectification u/s 143(1)and 154(2)(b) possible for 2 different mistakes for the same assessee..or we can compile the same through one rectification

Arvind Sharma (ACA) (1432 Points)
Replied 07 July 2011

Originally posted by : Shweta
	Is rectification u/s 143(1)and 154(2)(b) possible for 2 different mistakes for the same assessee..or we can compile the same through one rectification

Sec 143(1) is of Intimation and not of Rectification...

You can apply for rectification u/s 154 of that Intimation by producing your Accounts....

You can apply for numerous mistake in one application... And in case, if you forgot to mention any one, you can again apply for rectification of that rectified Intimation during 4 years from the date of that first rectification...

1 Like

Shweta (-) (56 Points)
Replied 07 July 2011

thk u Ashish sir and Arvind sir for ur answers

Arvind Sharma (ACA) (1432 Points)
Replied 07 July 2011

any time friend.....

Richa (vp) (21 Points)
Replied 12 July 2011

what are the meaning of given below coding while filing online return www.incometaxfilling: pls explain what to fill

For AY 2010-11:

	ITR 1	ITR 2, 3 and 4
Aggregate income tax liability	18	31
Total Tax credit allowed	22	36

(Guest)

I wonder how they have carried out correction of mistake u/s 143(1). Mistake of wrong posting should be corrected in S 143(1).

I hope this is a mistake of wrong posting which can be corrected u/s 154.

Kaushal

https://taxbykk.blogspot.com/

@*CS Siddharth Bumb. * (B.Com, CA Final, CS ) (5270 Points)
Replied 13 July 2011

belated return cannot be revised... and also you cannot carry forward of losses... just meet ITO and take suggestion..i think there is no option ....

keerthi (office assistant) (35 Points)
Replied 21 July 2011

For AY 2010-11:

	ITR 1	ITR 2, 3 and 4
Aggregate income tax liability	18	31
Total Tax credit allowed	22	36

means you have to fill the amount which was mention in the serial no. 31, 36 in your intimation copy.

1 Like

mujeeb (Manager Accounts) (21 Points)
Replied 29 August 2013

I filed a return on 10/08/2013 in which I wrongly mentioned TAN No. of other company in TDS Section. Now I realised that TAN no. has been mistakenly entered of other company. Please advise can I request for rectification u/s 154?

Nupur Sharma (CA) (426 Points)
Replied 25 January 2015

Hi,

Could anyone please tell me that while rectifying a return in excel utility what should I fill under these columns??? The original return was filed before due date.

1. Return filed under section ? Before due date, after due date or revised return

2. Whether Original or revised return ?

Thanks in advance

Nupur