Demand u/s 143(1)

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

10 April 2013 Hello Friends,

I filled my Audited Income Tax return for f.y 2010-11 on 30/09/2011. On 07/03/2013 I received an intimation u/s 143(1) from cpc which raised demand.

Demand is raised due to my mistake that is a new plant & machinery was purchased by me and I take the benefit of additional depriciation on that plant & machinery. Unfortunately I didnt show it on my return in additional depriciation coloumn. And take that whole amount on depriciation coloumn.
Now my question is that is it compulsory for me to file revised return or file rectification of mistake u/s 154 of Income Tax Act?

Thanks in Advance

Dintakurthi Tirumala

Dintakurthi Tirumala (Expert)
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10 April 2013 You have to file 154(1) rectification return.

OM SAI SRI SAI JAI JAI SAI

Querist : Anonymous

Querist : Anonymous (Querist)

12 April 2013 Rectification return means?

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Dintakurthi Tirumala

Dintakurthi Tirumala (Expert)
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12 April 2013 Rectification return means making corrections in our return filling at the time of filing of return by us or requesting the re-process by the CPC/IT department to correct the mistakes by us or in process by CPC/IT department and correcting the mistakes committed by us at the time of filling and failing of IT return and re-uploading it is called rectification return.

So please re-fill Your ITR form with the correct details and then convert it into XML and this file upload at the option of filling of 154(1) rectification request.

OM SAI SRI SAI JAI JAI SAI

Querist : Anonymous

Querist : Anonymous (Querist)

15 April 2013 Thanks for ur response.
For f.y 2010-11 it is time barred for filling revised return then what to do?

Dintakurthi Tirumala

Dintakurthi Tirumala (Expert)
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15 April 2013 You now no chance to file Revised return so you have to file rectification return u/s 154(1).

OM SAI SRI SAI JAI JAI SAI

Querist : Anonymous

Querist : Anonymous (Querist)

15 April 2013 Sir can u tell me the process what to do for rectification return?
I'm unable to upload rectification return. Please help me.

Querist : Anonymous

Querist : Anonymous (Querist)

15 April 2013 Sir can u tell me the process what to do for rectification return?
I'm unable to upload rectification return. Please help me.

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Dintakurthi Tirumala

Dintakurthi Tirumala (Expert)
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15 April 2013 can you call me at 8985063892 this is AP number.

OM SAI SRI SAI JAI JAI SAI

Querist : Anonymous

Querist : Anonymous (Querist)

15 April 2013 sir please tell me online.

Dintakurthi Tirumala

Dintakurthi Tirumala (Expert)
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15 April 2013 Okay i will explain you the process. Before to uploading of rectification return first you prepare the return of income as the details how you filled at the first time with the rectification of mistakes committed by you at that time. I.e at that time you no entered the details of additional depreciation where is provided so now fill the details along with additional details then convert it into XML file.

Now go to the www.incometaxindiaefiling.gov.in and at their login into the account with the PAN for whom you have to file rectification return and then in my account option click on rectification request. Here you have to enter the details of Assessment year for which you have to rectify and 143(1) intimation reference number and date of intimation order if all of these three matched then it goes to the next window at there it asked you the reason of mistake and the mistake by whom etc... at there select the appropriate option and fill the details at where you have to correct and then attach the corrected XML file at the option provided there and now upload. It will upload and give you reference number for that and if any further process required it will suggest you please follow that if applicable to you and wait for the intimation of correction.

Is you have any doubt while the processing you can call me at any time or ask query at there indicating your problem.

OM SAI SRI SAI JAI JAI SAI

Querist : Anonymous

Querist : Anonymous (Querist)

15 April 2013 Thank u so much sir.
Hope I can file my return easily with ur co-operation.
In return there is 4 return option for filling return i.e 1)Original Return 2) Revised return 3) Intimation u/s 143(1) 4) Defective return u/s 139(9). Then I have to select 3 option and then I follow ur process which u tell me.

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Dintakurthi Tirumala

Dintakurthi Tirumala (Expert)
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15 April 2013 No you have to select the option of Original return because of you filing Original return only but making some correction to the mistakes committed by you. And there is no section of 143(1) for filling return it is section 142(1) not 143(1) if you not filed any return but you received an notice from the AO requesting filing of return of income then you have to file return u/s 142(1). But section 143(1) is just available for the intimation by the department how it is processed your return of income not the return filing section.

So you have to select Original return and u/s 139(1) only.

OM SAI SRI SAI JAI JAI SAI

Querist : Anonymous

Querist : Anonymous (Querist)

15 April 2013 k. Got it.
Thank u so much.