Demand from cpc - remedy

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

10 December 2011 I am a salaried person. I had e-filed my Income Tax Return for AY 11-12.

In the return, I made an error. I considered gross salary without taking effect of HRA exemptions and other exemptions(Form 16 shows these exemptions).

Now, I have received a demand from CPC.

What should I do?

I cannot submit a rectification request because as per rectification manual, there should not be any revision in income figures or new claims since then the rectification request would be rejected or rectification would be delayed. It may be clearly noted that this facility is only for correcting mistakes apparent from record.

Please reply ASAP.

C.A. Hardik Patel

C.A. Hardik Patel (Expert)
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10 December 2011 if you file return within time lime limit thn revise it if possible

Querist : Anonymous

Querist : Anonymous (Querist)

10 December 2011 The return was filed before the due date.

Can I revise it? Will CPC accept it? My income in the revised return will be lower than the income in the original return.

Please help.

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Querist : Anonymous

Querist : Anonymous (Querist)

10 December 2011 Query is open. Please help.

CA Sreenivasa Rao Munaga

CA Sreenivasa Rao Munaga (Expert)
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10 December 2011 Please know your jurisdiction and go to your assessing officer and disclose all the facts. So you can have remedy for this.

Thanks,
CA M Sreenivasa Rao.

Querist : Anonymous

Querist : Anonymous (Querist)

10 December 2011 I am still looking for a better solution

Aijaz Shaikh

Aijaz Shaikh (Expert)
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10 December 2011 Revised the return u/s 139(5).

Revised return overwrites the original return.

After revising the return, your original return will be null & void, as if you have never filed the original return.

Intimation received u/s 143(1), for original return will get cancelled once you have filed the revised return.

In my opinion, revising the return is only remedy availaible to you.

CA MANOJ GUPTA

CA MANOJ GUPTA (Expert)
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11 December 2011 U CANNOT REVISE THE RETURN ORDER U/S 143(1) IS TREATED AS ASSESSMENT NO REVISION IS PERMISSIBLE ONCE THE ASSESSMENT IS COMPLETED
U CAN FILE RECTIFICATION THAT IS THE ONLY REMEDY
CA MANOJ GUPTA
JODHPUR
09828510543

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Aijaz Shaikh

Aijaz Shaikh (Expert)
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11 December 2011 As per the case of S.R. Koshti v. CIT {2005}(GUJ HC) and CIT v. Rajesh Jhaveri Stock Brokers (P.) Ltd. {2007}(SC), an intmation under section 143(1) can not be considered as assessment.

Hence assessment as per the above decision means assessment made u/s 143(3) and 144.

Conclusion:-
In your case assessment is not completed and you can definetly file the revised return.

C.A. Hardik Patel

C.A. Hardik Patel (Expert)
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12 December 2011 I am agree with Mr. Aijaz Shaikh