Assessee was partner in a Firm(Audited u/s 44AB) and due date for ITR-3 was 31.10.19.
However ITR-3 filed on 13.09.19 without selecting the Nature of Business as Share of "Income from Firm".
Intimation received from CPC u/s 143(1) calculating late fine of 5000/- 234F.Intimation is stating due date as 31.08.19.
Now while uploading revised XML for rectification request the ITR Utility is adding late fine of 5000/- based on current date.
Please guide as to how to proceed in this case as late fine is not applicable.
Should I upload the revised XML with late fine of 5000/- or is there any other way out.
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Rectification XML for Intimation u/s 143(1)
Replies (25)
Better you should contact the CPC Bangalore once before revising the ITR 3
Even though partnership firm is under 44AB,
the due date of return filing for working partner only will be 31-10-2019.
For all other non-working partners , the due date of return filing will be 31-8-2019.
And hence late fee will be levied based on above.
the due date of return filing for working partner only will be 31-10-2019.
For all other non-working partners , the due date of return filing will be 31-8-2019.
And hence late fee will be levied based on above.
But sir in this case the due date is 31.10.19 only.However while uploading the revised XML now for the rectification the utility is adding fine since 31.10.19 has passed.
@ anuj
Under section 139
Explanation 2 (a)(iii)
in respect of ......
working partner of a firm whose accounts are required to be audited under this Act or under any other law for the time being in force,
the 30th day of September of the assessment year; (This AY 2019-2020 - it is Extended upto 31st October 2019.)
For other (non-working) partners it is 31st July 2019 (this AY Extended upto 31st Aug 2019)
And hence late fee under 234F will be levied based on above.
Under section 139
Explanation 2 (a)(iii)
in respect of ......
working partner of a firm whose accounts are required to be audited under this Act or under any other law for the time being in force,
the 30th day of September of the assessment year; (This AY 2019-2020 - it is Extended upto 31st October 2019.)
For other (non-working) partners it is 31st July 2019 (this AY Extended upto 31st Aug 2019)
And hence late fee under 234F will be levied based on above.
Let me correct myself again, in this case the partner is working only(has received remuneration and Interest on capital) and by mistake the Nature of Business(As Share of Income from Firm) was left out while filing ITR-3.The CPC Intimation which has been received is stating due date as 31.08.19 and calculating late fine of 5000 rupees.
Hence,now when trying to submit the revised XML the utility is also calculating late fine as the actual due date of 31.10.19 has already passed.How to submit the revised XML in this case for rectification ?
Hence,now when trying to submit the revised XML the utility is also calculating late fine as the actual due date of 31.10.19 has already passed.How to submit the revised XML in this case for rectification ?
Revised X M L
there are two way:
pls send the acknowledgement copy to my mail I'd
sabyasachimukherjee7098 @ gmail.com.
there are two way:
pls send the acknowledgement copy to my mail I'd
sabyasachimukherjee7098 @ gmail.com.
What are those two ways based on acknowledgement copy is it ITR-V ? Not aware of any
I am having same problem. I had TAN error in ITR 2 filed because of which got demand under 143(1).
Now wanted to rectify it.
So I choose rectification option online.
It asks for rectification XML to be uploaded
My question is how to make rectification XML.
If i choose original return it will show penalty of Rs.5000 for delayed return now as it automatically calculates from today date.
Help pls
@ sabyasachi sir Can u pls suggest the two ways?
I tired filing by choosing revised return -got this error uploading-
Return filing section or return filed in response to notice u/s should be same as of the return for order intimation is passed and rectification is sought.
I think there is no option but to file original return with Rs.5000 penalty and hope they don't charge this in revised calculation.
anyone knows better way, please advise?
@ anuj
mail me details at sabyasachimukherjee7098 @ gmail.com....
mail me details at sabyasachimukherjee7098 @ gmail.com....
Dear Anuj, would you like to share for the benefit of others like me, I am also facing same issue related to XML upload for Rectification, will they (CPC) wave the late fee/penalty u/s 234F since the original returns were in fact filled within date. A rectification is not and can not be considered as filling a fresh returns. What happened in your case finally, I am sure you filled with late fee u.s 234F as there was no other choice? My issue is very simple Tax mismatch and that facility is still not enabled for FY 2019-20,
While preparing rectification XML for TAN correction in TDS schedule for AY 2019-20 using latest downloaded Excel utility version PR 5.3 noticed penalty of 10,000.
Ant demand of 10,000 penalty is absurd for rectification. I could not delete the penalty also.
Please update me if there is any positive development on this issue.
Just ignore it. While filing rectification, choose sheet in which you have done changes I.e. TDS schedule.
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