Intimation under section 143(1)

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Amit (Querist)
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25 December 2009 X files her Income tax retrun for the asessement year 2008-09 on 31-07-2008 (with in time) claiming a refund of Rs. 3008. AO issues her an intimation under section 143(1) in Decmber 2009 asking to pay tax of rs. 400000. After receiving the intimation asessee comes to know that she forgot to claim credit of Rs. 435000 against Tax deducted at source by her employer. she went to Ao to ask him about whether she can she revise the return. AO says that since her return have been processed under income tax act now she can not revised the return.
Q.1 Can X revise the return under section 139(5)?
Q. 2 if answere of above question is Yes then is there any legale csae in favour of X?

Neeraj Bansal CA

Neeraj Bansal CA (Expert)
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27 December 2009 yes as per sec 139(5), u can revise the return upto 31st march 2010.

u can quote the sec 139(5), acc to which- if a eturn is submitted within the time limit then that can be revised upto 1 year from the end of the relevent a.y. forwhich return is filed