23 June 2009
A person filed his return for AY 2008-09 without claiming TCS of Rs. 1,00,000/- as he had not received certificate. Now in June 2009 he received certificate. On verifying with AS 26 the same is not shown in that as PAN of that person was not given. Now he wants to claim the same. What he can do? 1) Application u/s. 154 or 155 can not be made as the same was not claimed by the assessee in return. 2) So, should he revise his return of income. Would that increase the time limit of completing assessment?
24 June 2009
Yes you are right application u/s 154 can not be moved because mistake is not apparent from record. what you can do is, you can revise your return if it is under the time boundation i.e. revise return can be filed within 12 months from the end of the month in which return was filed as per section 139(5). And as far as your assessment is concerned time period of AO will be revised as if your revised return is your original return as given by the HON' able Supreme Court in the case of Dhampur Sugar mills. Gist of this case was revised return step into the shoes of original return and all provisions of the act apply accordingly.
CAclubindia
