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Revised return

FATEMA (CHARTERED ACCOUNTANT) (719 Points)

09 July 2011

Dear all,

Can we file revised return after an appeal u/s 154?

Regards,

Fatema

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15 Replies

CA HARISH (Chartered Accountant) (57 Points)
Replied 09 July 2011

A small correction to your question. S.154 is not appeal provision. Its for seeking rectification. Rectification application can be made for mistakes found in assessment order as well as intimation u/s 143(1).

Return can be revised within one year from the end of relevant asst yr or before completion of assessment whichever is earlier. So if asst order is passed and that it is to be rectified, revised return cant be filed.

If only intimation is sought to be rectified and asst is not complete, revised return can be filed subject to time limits.

FATEMA (CHARTERED ACCOUNTANT) (719 Points)
Replied 09 July 2011

Dear Harish,

The thing is that we got intimation u/s 143(1) and we rectified the return.Now the problem is that the rectified return was again wrong.As the rectification was done online,we cannot rectify the return again because it says that we have already rectified the return once.

So is there any solution to this problem?Can we revise the return?

Regards,

Fatema

U S Sharma (glidor@gmail.com) (21056 Points)
Replied 09 July 2011

1)rectification is done with intimation not with return

2) once rectification is filed and accepted with ITO, you can not file rectification again

3) you have to wait for the responce from ITO, if the eoors are minor then accept it, otherwise you will have to appeal against the order, but the chances are very less to get favor as all such mistakes are done by return filer only.

FATEMA (CHARTERED ACCOUNTANT) (719 Points)
Replied 09 July 2011

We have got the response from the ITO and the TDS credit has still not been allowed to the assessee and hence there is a demand for payment of tax.The TDS credit appears in Form 26AS.

So how do we proceed with this?

U S Sharma (glidor@gmail.com) (21056 Points)
Replied 09 July 2011

recheck your return that the source of income as shown in 26AS is correctly included in your taxable income, with appropriate TDS details,i if both are matching then there is no case to disallow the same. however at appeal stage you are free to produce your records and produce your submission in your favor.

1 Like

Arvind Sharma (ACA) (1432 Points)
Replied 09 July 2011

Originally posted by : U S Sharma
	1)rectification is done with intimation not with return 2) once rectification is filed and accepted with ITO, you can not file rectification again 3) you have to wait for the responce from ITO, if the eoors are minor then accept it, otherwise you will have to appeal against the order, but the chances are very less to get favor as all such mistakes are done by return filer only.

I am not agree with you U. S. Sir....

I case where rectified intimation/order still has some mistake which are apparent from record, the same will still be treated as "order sought to be amend" and assessee can apply for rectification within 4 years from end of the FY in which order sought to be amend was passed [Sec 154(7)]..

In support of this, please refer Hind Wire Industries v. CIT[1995] 80 Taxman 79/212 ITR 639 (SC). which is in short as below:-

The word ‘order’ in the expression ‘from the date of the order sought to be amended’ in section 154(7), as it stood prior to 1-10-1984 has not been qualified in any way and it does not necessarily mean the original order could be any order including the amended or rectified order - Hind Wire Industries v. CIT [1995] 80 Taxman 79/212 ITR 639 (SC).

Further, Fatima, you can go for 139(5) for revised return if no assessment has undertaken by the department and time is still there for rectification... Because, 154 is not an assessment and the order passed u/s 154 is not an assessment order...

U S Sharma (glidor@gmail.com) (21056 Points)
Replied 09 July 2011

@ arvind

the remdey of revised return is already posted by "harish" provided a) the original return is filed within the time limit b) the time limit of revised return has not be lapsed.

CS,CA F,Numrologi TusharSampat (CS CA F Numerologist Astrologer Graphologist Face reader Vastu Expert) (85930 Points)
Replied 09 July 2011

Originally posted by : Arvind Sharma
	Originally posted by : U S Sharma 1)rectification is done with intimation not with return 2) once rectification is filed and accepted with ITO, you can not file rectification again 3) you have to wait for the responce from ITO, if the eoors are minor then accept it, otherwise you will have to appeal against the order, but the chances are very less to get favor as all such mistakes are done by return filer only. I am not agree with you U. S. Sir.... I case where rectified intimation/order still has some mistake which are apparent from record, the same will still be treated as "order sought to be amend" and assessee can apply for rectification within 4 years from end of the FY in which order sought to be amend was passed [Sec 154(7)].. In support of this, please refer Hind Wire Industries v. CIT[1995] 80 Taxman 79/212 ITR 639 (SC). which is in short as below:- The word ‘order’ in the expression ‘from the date of the order sought to be amended’ in section 154(7), as it stood prior to 1-10-1984 has not been qualified in any way and it does not necessarily mean the original order could be any order including the amended or rectified order - Hind Wire Industries v. CIT [1995] 80 Taxman 79/212 ITR 639 (SC). Further, Fatima, you can go for 139(5) for revised return if no assessment has undertaken by the department and time is still there for rectification... Because, 154 is not an assessment and the order passed u/s 154 is not an assessment order...

I agree with Mr Arvind but in case if time limit is also over under under sec 139(5) for filing revise return and as said by fatema Notice of demand has been raised under sec 156 then in ma opinion i think u need to file an appeal to CIT u/s 246 (1)(a).

FATEMA (CHARTERED ACCOUNTANT) (719 Points)
Replied 09 July 2011

Please dont speak in sections..Just tell me how am i suppose to proceed

U S Sharma (glidor@gmail.com) (21056 Points)
Replied 09 July 2011

@ Fatema

try to file revised return with all correct data, if your luck favors and it get accepted, then you would be saved with many complex issues like appeal etc.

however, in case of rejection of revised return filing ( as we are not aware of original return filing and the process taken thereafter datewise) you have no option but to get relief after appeal only.

(Guest)

Mr. U.s sharma is absolutely right

Souvik Kumar Ghosh (CA Final) (1368 Points)
Replied 09 July 2011

Originally posted by : U S Sharma
	@ Fatema try to file revised return with all correct data, if your luck favors and it get accepted, then you would be saved with many complex issues like appeal etc. however, in case of rejection of revised return filing ( as we are not aware of original return filing and the process taken thereafter datewise) you have no option but to get relief after appeal only.

abhiabbas (erp consultant) (55 Points)
Replied 10 July 2011

@ FATEMA

If u got intimation u/s 143(1) , remedy is to file rtectfication of mistake u/s 154. if u revise return at this stage ur case will be re opened in sec 148. I think that u have filed 154 . The next step is that u have to approach ur AO with rectification petetion(including ur intimation that u get while filng rect us 154 through online) . if any mistake has happened tell to him . he can help u .