Ur reply is most valuable - filing it return

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CMA Vamshi Raghavendra

Student

150 Points Posted on 02 January 2013

I HAVE FILED IT RETURN FOR AY.2010-11 FOR BEFORE DUE DATE- FOR WHICH DATE FOR FILING REVISED RETURN HAS BEEN COMPLETED.

NOW I HAVE FORGET TO CLAIM REFUND OF 100000,

I CANNOT FILE REVISED RETURN &

I CANNOT FILE RETURN U/S 154 RECTIFICATION AS IT IS NOT MISTAKE APPARENT FROM RECORD

PLS SEND UR VALUABLE REPLY

Replies (4)

CA Ashish Pathak

Employed at Cipla Ltd.

1637 Points Posted on 02 January 2013

What makes you think that it is not a "mistake apparent from record"? In my view omission to claim refund is a "mistake apparent from record". "MISTAKE APPARENT FROM RECORD" means a mistake about which no two views are possible and about which there could be no arguments. When a mistake itself has to be determined on investigation of facts, it cannot be said that there is mistake apparent from record and consequently rectification u/s is not possible. But in your case, i suppose if its just that you omitted to claim refund then you can of course apply u/s 154.

CA Vikas Agrawal

Practice

182 Points Posted on 02 January 2013

it seems that u have not claimed tds at the time of filing return therefore u can claim it before completion of assessment by lodging it with respective officer ,if u have filed revised return also...

CMA Vamshi Raghavendra

Student

150 Points Posted on 03 January 2013

@ abhishek

You are absolutely right but when i tried to rectify it u/s 154 - I GOT A REPLY FROM DEPT. THAT IT IS NOT MISTAKE APPARENT FROM RECORD & YOU CANNOT RECTIFY IT U/S 154.

CS,CA F,Numrologi TusharSampat

CS CA F Numerologist Astrologer Graph

69185 Points Posted on 03 January 2013

Originally posted by : vikas ajay agrawal
	it seems that u have not claimed tds at the time of filing return therefore u can claim it before completion of assessment by lodging it with respective officer ,if u have filed revised return also...