06 January 2014
I HAVE SUBMITTED RETURN OF INCOME OF AY 2013-14 PHSICALLY WITH THE DEPT SHOWING TAXABLE INCOME RS 4,90,000/- NOW AS PER REVISED INCOME MY TAXABLE INCOME IS MORE THAN 5LAC IE 575000/- SO I HAVE TO SUBMIT REVISED RETURN ELECTRONICALLY BUT CPC IS NOT ACCEPTING AS REVISED RETURN IN THIS CASE WHAT TO DO TO FILE REVISED INCOME PL EXPALIN
The practical problem faced by you is not addressed in the Income-tax ACt, 1961 CBDT has also not issued any guide lines to overcome such practical difficulty.
The best thing you can do if file your return of income electronically stating the same to be the original return. Then communicate with your jurisdictional assessing officer stating the facts and request him not to act upon the return which is filed physically. Please also enclose a copy of the acknowledgement generated while filing your return of income electronically alongwith the letter to your assessing officer.
07 January 2014
Well depends on how you read the Income-tax Rules 1962.
The Rule 12 - Return of Income and return of fringe benefits starts as follows:
"12. (1) The return of income required to be furnished under sub-section (1) or sub-section (3) or sub-section (4A) or sub-section (4B) or sub-section (4C) or sub-section (4D) of section 139 or clause (i) of sub-section (1) of section 142 or sub-section (1) of section 148 or section 153A relating to the assessment year commencing on the 1st day of April, 2013 shall,........."
From the plain reading of the above suggests that Section 139(5) - applicable for revision of return is not covered herein. Thus, rule 12 doesn't apply to revision of return.
Now lets refer to sub-rule (3) of Rule 12:
"(3) The return of income referred to in sub-rule (1) may be furnished in any of the following manners, namely:— ..............."
Thus, sub-Rule (3), which prescribes mode of filing the return is linked to sub-rule (1), which as be read earlier doesn't cover revision of return.
So, you may conclude that Rule 12(3) which prescribes conditions for filing of revision of return doesn't cover Section 139(5).
So, in case return was validly filed in physical form under 139(1), then 139(5) should also be filed under physical Form.
However, in case wherein physical form was not valid ab-initio, you will have to file belated return only.
Dear SathikondA- So, I have to disagree that the Income-tax Rules don't provide for this situation.
07 January 2014
Yash - maintain a rule, always read the Act, Rules, relevant case laws, notifications and circulars before looking for outward solutions.
07 January 2014
Mr.Nikhil Kaushik-the young wizard,
You have not understood the problem of the assessee because of the mode of filing his original return. He has filed his original return of income in the paper form and got an acknowledgement for the Ayakar Seva Kendra (Income-tax Officer). That acknwoledgment contains a number mainttained by the ASK.
Subsequently the assessee tried to file his revised return of income electronically, when a revised return is being filed electronically, the system asks for the acknowledgement number of the original return. The acknowledgement number which the assessee is having not generated electronically as he has filed his return of income in the paper form manually/physically. The system will not accept this number while filing the revised return electronically.
I understood what the query is. The solution is not in filing belated return online.
Solution is as suggested by Tushar - Filing revised return in physical form only.
That is what I said. That he needs to file the revised return in physical form only. I also hope that the matter is self explanatory here given that filing of online return for income above five lakhs doesn't apply to revised returns in case at the time of filing original return the income was shown to be as less than Rs 5 lakhs.
And it would be wrong to suggest that the solution doesn't lie in the Act as revision of returns has been explicitly kept out of Rule 12. You can refer to the relevant portions of the Rules.
I have talked about practical difficulty as explained earlier.
Please let me know if there is any provision/method/ way to file a revised return electronically to replace an original return filed in the paper form physically/manually with reference to Section 139 of Income-tax Act, 1961 or Rule of Income-tax Rules, 1962 or any circular/notification issued by the CBDT.
Hope you have understood what I have tried to explain to the assessee.
3. Where did I that act provides for online return in such cases.
lets understand the problem. the problem is that in the original return the income was less than Rs 5 lakhs, so the assessee filed physical return. Now, the income is more than 5 lakhs and the assessee by virtue of mis-reading of Rule 12(3) believes that online return should be filed as income is now more than 5 lakhs.
What I said is that online return is not required in this case as Rule 12(3) doesn't apply to the revised returns.
I only said that the act envisage such problems and therefor doesn't require online filing for revised returns where it was not required for the original return
I hope the above clarifies my views. And I disagree that the solution lies in filing belated online return and making request to AO for non-consideration of physical hard copy.
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