11 May 2014
I am a senior citizen and have filed my return on 26/07/2013 declaring income Rs./ lakh and above in Form 1 for A.Y. 2013-14 But forgot to claim deduction U/S 80C Rs 100000/- on which I am entitled to get fefund Rs. 20000/- being 20%on Rs.100000/- for LIC Contribution. Now I cannot submit revised retrun since my return has already been processed at CPC Bangalore. Under this circumstances I request you to advise me how to get my refund from INCOME TAX DEPARTMENT. I am a senior citizen and suffering from diseases connected with old age So this amount of refund will be of immense help to me. Awaiting your positive reply. Thanking you, Yours Fathfully, Swapan Kumar Chattopadhayay
11 May 2014
you can still file revised return. issuance of 143(1) intimation is not closure of assessment...you have time till 31 March 2015 to file the revised return.
are you sure? its a fact that 143(1) is not the completion of assessment. filing an online revised return is a simpler process.
Going for a revision before commissioner is throwing a simple assessee to uselessly bureaucratic structure when a simple online revised return can serve the same purpose!
You may refer judgment of Punjab and Haryana High Court in the case of Tarsem Kumar v. Income-tax Officer CWP NO. 19906 OF 2011
you may also refer to case Kartar Singh & Co, 300 ITR 440, wherein the same court also held that CIT cannot revise an intimation. Similar view was also held in Punjab National Bank, 249 ITR 763 –Del and Avasaraja Automation, 269 ITR 163 -Kar. You may also refer Rajesh Jhaveri Stock Brothers Pvt Ltd, 291 ITR 500 - SC and Koshti SR , 276 ITR 165 –Guj HC.
To be fair, there are atleast two judgments suggesting that CIT can revise a 143(1) intimation - Chidambaram Construction Co, 261 ITR 754- Mad and Rajkumar Phade , 249 ITR 520- Bom
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