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Revising belated return for AY 2016-17

Asit Kumar (18 Points)

31 January 2021  

Sir, for AY 2016-17, i filed original return after due date u/s 139(4) with zero refund and it was processed by IT dept. But on finding some omission of income, i filed revised return in March 2018 claiming refund of 33000. But, IT dept is saying revised return is invalid since original return filed after due date.
I know that from AY 2017-18, belated returns can also be revised u/s 67 of finance act 2016.
But, in my case, what is the way forward?

Should i apply to Commissioner of IT for condonation of delay u/s 119(2)(b)?


 3 Replies

rama krishnan (11163 Points)
Replied 31 January 2021

Yes, the only way out is to file condonation petition under section 119(2)(b)

Sourav (Student) (23831 Points)
Replied 31 January 2021

Agree with rama

Vijay Kalia (Chartered Accountants) (1705 Points)
Replied 04 March 2021

A belated return under S139(4) can not be revised as correctly stated by you for AY 2016-17 but the budget 2016-17 did change the same from 1st of April 2017 where under this can be done for AY 2017-18. I see it as a beneficial provision which should be dwelt further as was the case under S.43B amendment applied retrospectively in Allied Motors's case of SC. The other respite could be under S.154 if the mistake is such as is apparent from records which you need to examine in your case where under it could be rectified within four years from the end of the FY in which the order under S.143(1) was passed, if it is there.  

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