Itr 4

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Querist : Anonymous

Querist : Anonymous (Querist)

06 February 2015 Hello,

Can ITR 1 e-filed and processed be rectified with ITR 4 ?

Please suggest me other ways.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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06 February 2015 You can only file now revised return with ITR4 not rectification u/s 154.

Querist : Anonymous

Querist : Anonymous (Querist)

06 February 2015 How can i file revised file ? it is alredy been processed by CPC .

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CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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06 February 2015 no u cannot change the itr itself when u originally filed itr-1 only.

better file a new correct itr as applicable.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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06 February 2015 Even after processing you can file it.
See the link.
https://www.caclubindia.com/experts/revised-return-after-intimation-u-s-143-1--766210.asp#.VNR-7dKUeik

Querist : Anonymous

Querist : Anonymous (Querist)

06 February 2015 Thanks you so much Mr. Seetharaman

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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06 February 2015 Dear quesrist, pls understand that original return can be revised provided it is a valid return filed within due date mentioned u/s 139(1)

in this case you have failed to file a valid itr which should be itr-4 instead you have filed itr-1 which i think is not applicable in this case.

hence revision is not possible even the link which is mentioned by seetharam is not applicable in this case as the original query in link is asking for revision of itr and not revision of wrong itr.

Querist : Anonymous

Querist : Anonymous (Querist)

06 February 2015 Thank you Mr. Tushar. I shall consider your opinion too.

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CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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06 February 2015 you are welcome friend................

Querist : Anonymous

Querist : Anonymous (Querist)

06 February 2015 Hello Mr. Tushar,

Will you please suggest me other ways ? What should i do ?

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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06 February 2015 see logically when u have not filed correct and valid itr return which should have been filed as applicable then no revision is applicable nor rectification is possible.

better u file itr u/s 139(4) as belated (which shall be original itr only)

you have not mentioned the ay which u referring to.

Querist : Anonymous

Querist : Anonymous (Querist)

06 February 2015 Retun for A.Y 2014-15 has been filed by someone with ITR 1 instead of ITR 4 on 10/10/2014.

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CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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06 February 2015 then u can file a belated return as itr-4 under section 139(4) for ay 14-15 till 31.3.2016

Querist : Anonymous

Querist : Anonymous (Querist)

06 February 2015 ITR 1 is already been processed by CPC.

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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06 February 2015 then best option is to meet your jurisdictional ao and narrate the whole matter

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CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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06 February 2015 You can file revised return u/s 139(5) provided the original return was filed within due date. Also remember revised return can be filed within one year from the end of relevant assessment year or completion of assessment whichever is earlier. Revised return can be filed even after the return in ITR1 is processed.

In your Case ITR1 filed instead of ITR4 on 10.10.2014 i.e., after due date. So you can not file revised return. Had ITR1 been filed within due date you could have revised your return by submitting ITR4 u/s 139(5). You can not file belated return u/s 139(4) as return has already been filed by you. Now you need to resort to rectification u/s 154.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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07 February 2015 Thank You Mr. Sanjay Gupta for rightly guiding.

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CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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09 February 2015 Mr sanjay gupta can u pls exaplain how this fits in " mistake apparent from records" as per sec 154 requirment as itr itself was selected wrong?

Ganeshbabu K

Ganeshbabu K (Expert)
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09 February 2015 1)Rectification not possible for correcting the wrong ITR filed earlier.

I mean ITR-1 filed cannot be rectified with filing ITR-4 now.

2)Question of revision and belated return filing does not arise and not possible.

3)I recommend you to wait and watch ,if CPC treated it as defective return do rectify the defect return under 139(9) as directed by CPC in the advise.

My Suggestion:
1.If you want to rectify the return only to rectify the wrong no. itr filed earlier dont do any rectification under 154 wait for CPC notice to rectify the defect as per 139(9) and do rectify then

2)if you need to rectify any errors and tax caluculations in earlier return rectify the return in old form in which you have filed return.and wait for CPC advise

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CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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09 February 2015 1st of all here the exact reason as to why ITR 1 was filed is not known. So that needs to be clarified.

Mr. Tushar Sampat...Mistake apparent from record...Choosing a wrong ITR is also a mistake.

Tushar your advice to file a new ITR as applicable is not correct since just by the virtue of wrong selection of ITR the return does not become Invalid. [Refer Section 292B, Citation: Dhampur Sugar Mills Ltd Vs. CIT (1973)]

Your advice to file belated return is also not correct since the return has already been filed. Only revised return could be filed. But since the return was not filed within due date u/s 139(1) the revised return is not possible.

Best way out is (as suggested by Ganesh) if the return is treated as defective and notice is issued by CPC you can correct the defect by filing appropriate ITR. But this is highly unlikely since it is difficult the find from the return if the wrong ITR has been chosen.

If the wrong selection ITR has any effect on Tax and any income has escaped Tax then we may resort to rectification as there is no other way. But this has never been tried out by me so just an opinion.

Otherwise wait for the CPC order.

More information required regarding the reason for wrong selection of ITR.