Revision of e-filed belated return

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As per a Supreme Court decision in the case of Kumar Jagdish Chandra Sinha vs CIT it was held by the SC that the belated return cannot be revised and as per my understanding belated return means any any return filed beyond the period of due date mentioned in Sec 139(1).

In my office I was asked to revise a return fo AY 2012-13 originally e-filed on Sept 30,2012(due date Aug 31,2012), inspite of well established law I revised the said belated return successfully. So please clear my confusion whether the said  revised return  would  be taken on record or would be declared invalid.

Thanking You in Anticipation. 

Replies (3)

It is really strange to know that u cld revise the belated return., as the website itself restricts it & doesnt upload., it generally shows the error.. 

Dear saurabh 

i recently uploaded revised return which were originally filed on 8/12/2012. Software warn first that belated return can not be revised. but later on accepted by income tax site.

now question is that " what will happen on processing?". As per law it is not permisible.

thanks

 

 

Saurabh : For AY 1213, there is / was no due date under 139(1) as 31 August. For salaried tax payers it was 31 July 12 and non salaried 30 September 2012.

Sanjay : thanks for sharing. This was not known to me.

Regards,


CCI Pro

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