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Was my big mistake e-filed of return? is appeal right??

Akshay (Taxation) (514 Points)

27 August 2011  

i e-filed my personal (individual) I.T return of A.Y. 2009-10 after 31st July 2010. i.e. belated on 29 sept 2010. after few days ( after 6 months) i got 143(1) intimation notice for demanding Rs.89623/- from CPC Banglore. I check my .xml file again which is generated from software and come to know that while feeding data in software package (sinewave Taxbase) i keep blank " disallowed depreciation" colummn. and due to this my allowable depreciation cliam is fully disallowed by electronically by income tax department. then i filled revised return after rectifying my mistake but income tax department send me section 154 rejection notice on the grounds that my original return was belated i.e. after 31st july 2010.  now i filed Apeal to I.T.O regarding this issue.. i have not add any single income or reduce my any income.. so why they reject???

my basic question is validator is provied by income tax department.. so why its validate the file even though it contain some blank feild or any mistake Tick marks. Suggest me any case referance or idea to fight against department... this situation  happens in more than 176 of my assessee. i'm in big trouble because of " e-filing"   


 10 Replies

U S Sharma (glidor@gmail.com) (21031 Points)
Replied 27 August 2011

discuss the facts with your software provider, as they have liason with CPC for authorization of their software, so the unwanted situation can be represented by them in this regard for your speedy solutions.

Akshay (Taxation) (514 Points)
Replied 27 August 2011

validator is provided by income tax deaprtment only. and same is used by software company i.e. sinewave_taxbase...

my question is why it is validate by validator even it is wrong?? why i have no right to fight against this?? i agree belated return can not revised. but why why.. their is no provision in law regarding e-filing return comprising of columner data feeding mistake... it will lost my practice forever & it will be dieing situtaion for me..  my 176 assessee is in trouble bcoz of this... Is their any solution???

Anubhav (Student) (584 Points)
Replied 27 August 2011

The I.T. Dept is right but in your case the problem happened due to a technical error. Such errors can happen but I have not encountered such a thing before. Take advise of Mr.Sharma, may be your software vendor will be able to help you. That's your best bet.
 

CA. Vikash Dwivedi (Financial Planning & Analysis)   (3162 Points)
Replied 28 August 2011

ur intensions were not malicious and it was not ur fault i believe it can be condone.

Deepa (CA and CS Final B.Com University First)   (195 Points)
Replied 28 August 2011

Sir,


I think u can file a rectification online by correcting the errors in your XML.  In Taxbase see that you tick a check box in depreciation allowable column "containing Consider as per ITR" or else speak with the support people.

Thank you

Karan Gosain (CA) (46 Points)
Replied 28 August 2011

Write an application under Section 154. It is a prima facie case of Error/Omission. Even if the case is raised by CIT(A) or ITO on your rectification appeal, the same can be contested by the proofs you have in your hand. A manual computation of Income along with the print out of the wrong computation should be attached and a copy to be sent to your AO and a copy be sent to CPC Banglore. I guess the same can be sought after this. Dont worry, as long as you have not made any mis statement intentionally, the deptt will not raise a demand.

ramajayam (ARTILCE) (144 Points)
Replied 28 August 2011

u can file a rectification return

ramajayam (ARTILCE) (144 Points)
Replied 28 August 2011

Originally posted by : Deepa

Sir,


I think u can file a rectification online by correcting the errors in your XML.  In Taxbase see that you tick a check box in depreciation allowable column "containing Consider as per ITR" or else speak with the support people.

Thank you

As MISS DEEPA SAID YOU CAN FILE A RECTIFICATION RETURN AGAINST THE NOTICE U/s 143 PLEASE CHECK THE LINK IN THE INCOME TAX EFILING WEBSITE

ramajayam (ARTILCE) (144 Points)
Replied 28 August 2011

CHECK THIS LINK FOR COMPLETE GUIDELINE

https://incometaxindiaefiling.gov.in/portal/downloads/Rectification%20manual%20and%20common%20errors%20Guide.zip

Akshay (Taxation) (514 Points)
Replied 29 August 2011

I have already Done the procedure of rectification under section 154 and uploaded Xml. But it has no use. CPC Banglor Reject rectification S.154 on the grounds that my original return was belated.

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