Penalty on Revised Return U/S 271(1)(c)

This query is : Resolved

Prabeer (Querist)
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22 December 2009 Can a penalty be levied U/S 271(1)(c) by an AO on a revised return which has already been treated by the AO as invalid return U/S 139(9)?

Heera Nahariya

Heera Nahariya (Expert)
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22 December 2009 If a return is defective and the rectification is made within 15 days of such defect then it cannot be treated invalid & vice versa.

If the return has already been treated as invalid revised return cannot be filed coz a valid return can only be revised.

If a return is treated to be invalied it becomes void ab initio (as you have not filed the return).

In such a situation penalty of not filing the return can be imposed u/s 271F.