Revising belated return

I had filed original belated return for AY 2016-17 in October 2016 u/s 139(4). Then I revised it in March 2018. CPC is not processing my revised ITR saying, " revised ITR is invalid since original return filed after due date.

But, referring Finance Act 2016, clause 67 states that belated ITR can be revised with effect from 01 April 2017.

My doubt is, this clause is effective for FY 2016-17 or AY 2016-17. The act is also attached here (page 33 of pdf file). Any help will be kindly appreciated.

 

 


Attached File : 3279975 20210130134221 finance act 2016 clause 67 belated return.pdf downloaded: 98 times
Replies (1)

Here’s a clear and polite reply addressing the query on revising belated return:


Dear Asit Kumar,

Regarding your query on revising a belated return for AY 2016-17, you are right in referring to Clause 67 of the Finance Act, 2016, which amended Section 139(5) of the Income Tax Act.

To clarify:

  • The amendment allowing revision of belated returns applies to returns filed for Assessment Years commencing on or after 1st April 2017.

  • Since AY 2016-17 corresponds to FY 2015-16 (which ended before 1st April 2017), this amendment does not apply retrospectively to AY 2016-17.

  • Therefore, for AY 2016-17, the law in force was that belated returns could not be revised.

  • This is why the CPC system is rejecting your revised return as invalid, because the original return was belated and filed before the amendment’s effective date.

Hence, the clause is effective from AY 2017-18 (FY 2016-17 onwards), not for AY 2016-17.

If you require further assistance, feel free to ask.

Best regards,
[Your Name]

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