Justification of the AO

This query is : Resolved

Sobhan De (Querist)
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30 October 2010 Dear All,

TDS for 0506 has been wrongly filed with NSDL in the 2nd qtr 0607.
Upon assessment it is found out that the said TDS is deposited correctly for 0506 / TDS challan.
The AO is claiming that since a revised return is not filed,the same is treated as a TDS for 0607.
Is the AO justified ?
Alternatively can the AO impose penalty for non filing of a revised return ?
What is the way out for the assessee - can he submit a revised return now.

Could you pls provide a solution with the relevant case laws / CBDT circulars as the same is reqd urgently.

Thanks & Regards,
Sobhan K De

sobhan.de@aamar106fm.com

CA.Amit Revankar

CA.Amit Revankar (Expert)
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30 October 2010 i m not able to understand how the Ao can treat the return of 05-06 as of 06-07 becoz of non revising. there is something missing in u r drafting.
1) incase of defective return, the return has to be revised within 15 days from the date of intimation by AO, otherwise the return will be invalid. furthur penalty may be levied of Rs.5000 incase of invalid return
2) To avoid the penalty u have to convince the officer by taking the reasonable stand.