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WHETHER TO FILE REVISE RETURN?

darshit (CA Student) (179 Points)

14 February 2009

Mr.X files Return of Income after due date.He wishes to Revise his Return of Income because he had not claimed TDS as refund in his original return.To claim refund what is the remedy available with him? Whether he has to file revise return or he has to write a letter to A.O. ?

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18 Replies

Manisha (ACA) (51 Points)
Replied 14 February 2009

Originally posted by :darsht*
"	Mr.X files Return of Income after due date.He wishes to Revise his Return of Income because he had not claimed TDS as refund in his original return.To claim refund what is the remedy available with him? Whether he has to file revise return or he has to write a letter to A.O. ?	"

According to me Belated Return u/s. 139(4) cannot be revised, and u can refer the famous case law (Kumar jagdish chandra shetty Vs. CIT)

BALASUBRAMANYA B N (CCI STUDENT....) (44687 Points)
Replied 14 February 2009

hello

Could you tell me, its salary and after the due date means after july your telling...

Manisha (ACA) (51 Points)
Replied 14 February 2009

But he have already filed his return of income after the due date!!!!

BALASUBRAMANYA B N (CCI STUDENT....) (44687 Points)
Replied 14 February 2009

But if he is salary employee and filied after the due date means its july but he can file within the march 31...he can do revise return

Manisha (ACA) (51 Points)
Replied 14 February 2009

ya he can file till 31st march provided his tax liabilty is NIL

otherwise he will be liable for interest on short payment us. 234A

BALASUBRAMANYA B N (CCI STUDENT....) (44687 Points)
Replied 14 February 2009

Hello

see he saying he dint add tds while filing the retrun, so if add that he dont want pay any tax if already paid through TDS and he may get refund also. Ya he has to pay interest if he not paid the tax within the due date 234a b c interest thats correct.......

CA.Tarun Maheshwari (CA, DISA) (7150 Points)
Replied 14 February 2009

Belated return can not be revised at all. Even if it is a case of salary and he has filed his return after July, he can not file the revise return if the return is filed by him after the due date as given u/s 139(1). And dear Manisha, the famous case is of Kumar Jagdish Chandra Sinha Vs.CIT and not 'Shetty'.

CA jayalakshmi (Associate consultant) (235 Points)
Replied 15 February 2009

Yes Tarun sir is correct , belated return cannot be revised

N GANESHAN. (CA FINAL STUDENT - PRACTITIONER) (921 Points)
Replied 15 February 2009

BELATED RETURN CANNOT BE REVISED AT ALL.... DONT FILE THE REVISED ROI. BSN GANESHAN CA FINAL AND PRACTITIONER

CA.Tarun Maheshwari (CA, DISA) (7150 Points)
Replied 15 February 2009

Originally posted by :jayalakshmi
"	Yes Tarun sir is correct , belated return cannot be revised	"

Thanks Jayalakshmi.

CA Tilak Raj Sharma (Practising CA in Solan (H.P.)) (6374 Points)
Replied 16 February 2009

Go with Tarun.

Piyush Jain (CA) (283 Points)
Replied 16 February 2009

Darsh*t, was the return E-filled or was physically submitted.

And what was the amount of TDS. There is a way to revise this return(although nothing provided in law) but you should take care that amount of TDS is substantial.

Piyush