One of our clients, who is an individual received 1st Reminder Notice (Intimation already received in last year) from Income Tax Department to pay outstanding Tax Liability. After verifying his records his previous returns it was found that his Original Return was wrongly filed.
I need to apply for rectification of his IT Return for the AY 2010-11.Can anybody tall me the procedure for the same?If we need to update his revised records in the fresh ITR 1 which section I need to put in the column “Return Filed Under Section” (u/s139(1) u/s142(1) u/s148 or u/s153(A))?
03 April 2013
Thanks. Yes we need to file rectification u/s 154.In incometax efling after clicking on rectification option it ask us to upload XML file of revised Return.in return “Return Filed Under Sec tion” option which section I need to mention out of the below? i. Voluntarily before the due date under section 139 11 ii. Voluntarily after the due date under section 139 12 iii. In response to notice under section 142(1) 13 iv. In response to notice under section 148 14 v. In response to notice under section 153A/ 153C
Note that I have received Demand Notice u/s 143(1) to pay outstanding amount.
03 April 2013
I have filed previous return before due date voluntory.
I need to treat rectification of return as REVISED RETURN? and Select the 1st of i.e, Voluntory before the due date u/s 139 (1)??even if we rectifies the same after two years?
02 August 2024
When you need to rectify a return under Section 154 of the Income Tax Act for the Assessment Year (AY) 2010-11, and you have received a demand notice under Section 143(1), follow these steps to ensure proper handling:
### 1. **Filing a Rectification Request**
**Procedure:**
1. **Login to Income Tax E-Filing Portal**: - Go to the [Income Tax e-Filing website](https://incometax.gov.in/). - Log in with your credentials.
2. **Navigate to Rectification**: - Under the "e-File" menu, select "Rectification." - Choose "Rectification of Return" to proceed.
3. **Select the Assessment Year**: - Choose AY 2010-11 from the drop-down menu.
4. **Upload XML File**: - You need to upload the XML file of the revised return. Prepare this XML file with the corrected data.
5. **Rectification Details**: - You’ll be prompted to fill out details related to the rectification. This is where you need to select the relevant section under which the original return was filed.
### 2. **Selecting the Correct Option for "Return Filed Under Section"**
**Based on your scenario:**
- **Demand Notice under Section 143(1)**: This notice is generally issued for a deficiency or mismatch in the return filed. Since you are rectifying the return to correct an error identified, you are essentially correcting the original return.
- **Original Return**: As the original return was filed voluntarily before the due date, you should select the option corresponding to that scenario.
Here are the options you might be presented with:
1. **Voluntarily before the due date under section 139(1)**: This is applicable if you are filing the original return before the due date and not under any specific notice.
2. **Voluntarily after the due date under section 139(4)**: This is for cases where the original return is filed after the due date but voluntarily.
3. **In response to notice under section 142(1)**: For returns filed in response to a notice under Section 142(1).
4. **In response to notice under section 148**: For returns filed after receiving a notice under Section 148 (for re-assessment).
5. **In response to notice under section 153A/153C**: For returns filed in response to notices under Sections 153A or 153C (usually in cases of search and seizure).
**Since you are rectifying a return originally filed before the due date, and you are making corrections in response to a demand notice under Section 143(1), the most appropriate option to select is:**
- **Voluntarily before the due date under section 139(1)**
**Even though the rectification is being done after a significant time (such as two years), the nature of the rectification is to correct the original return filed under Section 139(1).**
### 3. **Rectification vs. Revised Return**
- **Rectification**: Filed under Section 154 to correct mistakes apparent from the records. It does not involve re-assessment and is meant for correcting arithmetical errors, omissions, or incorrect claims.
- **Revised Return**: Filed under Section 139(5) if you realize that the original return had errors or omissions that need to be corrected.
Since you are dealing with a notice for an outstanding amount and need to correct an error in the filed return, you will handle this through a rectification request.
**Ensure you keep all relevant records and documentation to substantiate your claims and corrections.**
**Consult a tax professional** if you are unsure about any details or need assistance with the filing process to ensure compliance and accuracy.
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