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Sec142(1) and belated return clarification reqd.

assessee (...) (546 Points)

06 September 2016

Situations..e.g A.y - 16-17

1.sec 142(1) notice is recd on 2.1.17 requiring to file roi within 15 days and if filed within 15 days then it is not belated return U/s139(4)?

2sec 142(1) notice is recd on 2.10.17 requiring to file roi within 15 days and if filed within 15 days then it is not belated return since it is filed within the time allowed of 15 days u/s 142(1)? If it is not a belated return can revised return be filed since it complies the sec 142(1)?

3.sec 142(1) notice is recd on 2.10.18 requiring to file roi within 15 days and if filed within 15 days then it is not belated return since it is filed with the time u/s 142(1)? Can revised return be filed since it is filed within the time limit u/s 142(1)?

P.S there is no time limit for notice 142(1)

Please reply I m currently studying this chapter.

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9 Replies

ANKUR TAH (Teacher Consultant and CA finalist.) (543 Points)
Replied 06 September 2016

After completion of due date any return can be file to income tax dept through sec139(4) I.e. belated return. And those return can be filed up to1 year from the end of the relevant Assessment year and assessment made u/s 144 i.e. best judgement assessment.

In your case u have get a notice u/s 142(1) to submits your return. In case your requested return with in the due the date of filing. So there is no question to filing belated return.

if your requested return on or before assessment year 2014-15, you will not been able to file return through online, manually can be possible.

U S Sharma (glidor@gmail.com) (21056 Points)
Replied 06 September 2016

section 139(...) is time frame of return to be submitted by assesee without the intruption of department,

once 142 enters, 139 rules and sub rules are not applicable,

ajay (Student) (178 Points)
Replied 06 September 2016

as per section 139(5) the following returns can be revised:

1. 139(1) return
2. 142(1) return

Time limit:

with in 1 year from end of relevant assessment year (or) before completion of assessment which ever is earlier

1. It is not a belated return since it was filed within due date as specified in the notice
2. The return can be revised since it is not a belated return
3. even though there is scope for revision the revision is not possible here since the time limit has been expired(31/03/18)

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assessee (...) (546 Points)
Replied 06 September 2016

Hi thanks for reply.

Ajay sir in 3 point whether it will be belated return or not... I think that it is belated return because the time limit for belated return of 1 year is expired on 31.3.18 even though it has filed within the time allowed u/s 142(1).

ajay (Student) (178 Points)
Replied 06 September 2016

no it was not belated return since it was filed with in due date as specified in notice

assessee (...) (546 Points)
Replied 06 September 2016

Thanks ajay sir. I would like to further discuss that in 3 point answer you are applying the limit of 1 year for revised return and not for belated return and in both cases it is filed within the due date u/s 142(1). Sorry for troubling you.

ajay (Student) (178 Points)
Replied 06 September 2016

since the time limit to file return voluntarily u/s 139(4) got expired there is no scope for us to file return belatedly

In your case the dept issued notice on 2/10/18 which is beyond the TL specified there in i.e 31/03/18.

so section 139(4) cannot be applied here since the time limit got expired

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