Revised Return_Post Rectification Rejection_Original Belated return_u/s 139(4)_ay_2010-11

ITR Filing 1737 views 1 replies

Hi.

The original return ITR-2 for AY 2010-11(income under Head "Salaries") was filed on 30 Mar 2011 through efiling (after expiry of last date of filing which was 04 Aug 2010) and forwarded ITR-V in Jun 2011 before expiry of 120 days from date of filing. There was no case of tax due or refund.

I had declared the loss from house property u/s 192(B) to my employer in Form 12(C) in 2010 and the same is reflected in Form-16 issued by my employer. However, due to incorrect filling of Schedule CYLA and Schedule HP, the same was not reflected properly, resulting in higher gross income vis-avis the gross income in Form-16. It was an unintentional error which was not noticed.

I received an intimation order u/s 143 dated 22 Jul 11 on 31 Aug 11 by email, with tax determined to be payable, including penal interest u/s 234(A)/(B)/(C) amounting to 24,000/-. Subsequently, I filed a rectification request online u/s 154, after including the loss from house property in the rectification request.

However, my rectification request was rejected on the grounds of variation in Gross Income on 19 Oct 11 and received the email in Dec 11. I was advised to file revised return (Manual) in the email.

I am in a transferable job and currently posted to Bangalore while my ITO jurisdiction Ward is  Delhi.

Based on the above, I request the following clarifications/suggestions.

(a)  As my original return has been filed after due date, am i eligble to file revised return u/s 139(4)? Are revised returns  not permitted to be filed in case of belated returns u/s 139(4)? Please clarify.

(b) Can i file revised return u/s 139(5) inspite of not filing original return within the due date?

(c) Can i file a revision petetion u/s 263 along with revised return u/s 139(4) and attach my Form-16? Should I forward copy of these to both Bangalore office as well as Delhi ITO office by registered post?

(d) Should I pay the tax determined payable as per the intimation order and reflect the same as refund in my revised return? Or should i await disposal of my case u/s 263 and defer payment of tax till such date?

Thanks. Awaiting an early reply.

Replies (1)

Dear Giri,

You need not worry about the belated returns because the CPC asked you to file the revised return first you file the same at the earliest to the CPC only and not to the Delhi office. Once you get  the reply you may  file the petition u/s 263. you need not pay the tax until you get the revised order.

regards


CCI Pro

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