Urgent - revised return is under which section?

Hai

Revisied Return can be filed as per Section 139(5) of Income Tax Act.  But if you file revised return your case will be difnetly selected for Scrutiny Assessment u/s 143(2), 143(3) as you may not be paying tax as per your revised income tax return, so please make sure that you have all the evidence to prove that your income is below the thresh hold limit..

Since in many cases we have seen that happining.

bye

as satish kumar said there as 99% chances of scrutiny if you revise your return hence rather its better to file a petition u/s 154 with all the supporting documents

Here it is better to use 154 as intimation has already been served. Filing revised return after 143(1) intimation may arouse suspicion in the AO's mind.

Revised return u/s.139(5)

I met a tax consultant and he suggested to file rectification. What is rectification and what is difference between rectification and revised resturns filling?

Section 154. RECTIFICATION OF MISTAKE.

(1) With a view to rectifying any mistake apparent from the record 1542 an income-tax authority referred to in section 116 may, - (a) Amend any order passed by it under the provisions of this Act;

(b) Amend any intimation or deemed intimation under sub-section (1) of section 143.

(1A) Where any matter has been considered and decided in any proceeding by way of appeal or revision relating to an order referred to in sub-section (1), the authority passing such order may, notwithstanding anything contained in any law for the time being in force, amend the order under that sub-section in relation to any matter other than the matter which has been so considered and decided.

(2) Subject to the other provisions of this section, the authority concerned - (a) May make an amendment under sub-section (1) of its own motion, and

(b) Shall make such amendment for rectifying any such mistake which has been brought to its notice by the assessee, and where the authority concerned is the Commissioner (Appeals), by the Assessing Officer also. 

(3) An amendment, which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the assessee, shall not be made under this section unless the authority concerned has given notice to the assessee of its intention so to do and has allowed the assessee a reasonable opportunity of being heard. 

(4) Where an amendment is made under this section, an order shall be passed in writing by the income-tax authority concerned.

(5) Subject to the provisions of section 241, where any such amendment has the effect of reducing the assessment, the Assessing Officer shall make any refund which may be due to such assessee.

(6) Where any such amendment has the effect of enhancing the assessment or reducing a refund already made, the Assessing Officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable, and such notice of demand shall be deemed to be issued under section 156 and the provisions of this Act shall apply accordingly.

(7) Save as otherwise provided in section 155 or sub-section (4) of section 186 no amendment under this section shall be made after the expiry of four years from the end of the financial year in which the order sought to be amended was passed.

An assessee who is required to file a return of income is entitled to revise the return of income originally filed by him to make such amendments, additions or changes as may be found necessary by him. Such a revised return may be filed by the assessee at any time before the assessment is made. There is no limit under the income tax Act in respect of the number of time for which the return of income may be revised by the assessee. However, if a person deliberately files a false return he will be liable to be imprisoned under section 277 and the offence will not be condoned by filing a revised return.

As per section 139(5),

the revised return can be filed before the expiry of one year from the end of the relevant assessment year or before the completion of assessment, whichever is earlier.  Thus return of A.Y 2011-12 can be revised till 31st March 2013 or before the completion of the assessment whichever is earlier.

Point to Remember

1- Revise tax returns within one year from the end of the assessment year or before the assessment. For the financial year 2010-11 one can filed the revised return up to march 2013.

2-You can’t refile your return if income tax department already did the assessment of your return.

3-If you missed any deduction or income in the return you can refile it.

4-If some information come to your knowledge after filing the return you can refile it.

5-The receipt no. & the acknowledgement no. is must for the refiling of the return.

6-Revision is allowed only if the omission was unintentional. The benefit of Section 139 (5) cannot be claimed by a person who has filed fraudulent returns. Section 139 (5) will apply only to cases of ‘omission or wrong statements’ and not to cases of ‘concealment or false statements’. Once you revise returns, the original stands withdrawn. If the omission(s) in the original return is intentional, the assessee will be penalised

7-No need to pay interest u/s 234A if any tax due, but you have to pay 234B, 234C interest if due

8- you can only revise the return if the original one was filed on time. Belated returns cannot be revised

9- You can file a revised return only in case of ‘omission or wrong statements’ and not for ‘concealment or false statements’

10- Returns can be revised when filed pursuant to notice under Section 148  as it is provided u/s 148 that for such return all the provisions of section 139 shall apply.

11- You will have to cough up 100 to 300 per cent of tax due as penalty for concealing income

12- If the returns are revised before the notice under Section 148 is issued, then there is no penalty.

13- If income was hidden in the original return and is revised and disclosed after the assessing officer pursued it, then a penalty is levied. If the revised return shows a higher income than originally declared, a penalty may or may not be levied.

14- Revised returns have a higher chance of landing a scrutiny letter from the I-T department.

15- To file revised returns, one can use both the online and physical methods. However, you can revise returns online only if you have filed the original returns online and have the 15-digit acknowledgement number. You cannot, otherwise, file returns online. The I-T department searches for the original details once the returns are revised. On not finding the original return, an error is shown. Therefore, it may be wise to revise in physical form.

16- If the taxpayer has revised return after the survey and it was has found that the mistake in the original return was not bonafide then levy of penalty is justified.

17- If some income was concealed in the original return and revised return disclosing such  income is filed after the AO has unearthed such undisclosed income then penalty can be levied.

18- If the asseessee after the search filed the revised return declaring higher income than declared in original one, to buy peace of mind and to avoid litigation then penalty cannot be levied .

19- If the taxpayer has declared higher income in revised return of his own and there is nothing to prove that the taxpayer had concealed income malafidely then no penalty can be levied.

20- If the asseessee after the search filed the revised return declaring higher income than declared in original one, to buy peace of mind and to avoid litigation then penalty cannot be levied.

so you can file rectification online through the income tax portal..

Hi Satish,

Thanks for your reply; actually, I am layman in these terminology. Can you briefly explain the differences and do I need to submit the revised xml (ITR1) along with the rectification?

Thanks,

Sri

For rectifying the mistake which was happend in the assessment, you can file a rectification of mistake under section 154 of income tax act, for which you need to file the ITR 1 which you filed originally with the department with the mistakes you want to rectify.  You can do it in online through the department site, from my account menu option you find  rectification uploand option.

said link may be helpful to you

https://incometaxindiaefiling.gov.in/portal/EndUserMenu.do?screen=rectification

Hi,

You can made online rectification U/S 154  and no need to file Revised return you have to file original return under 154 rectification in prescribed ITR.

Thanks