Itr u/s 148

This query is : Resolved

ARTHI (Querist)
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16 March 2015 Dear Friends / Experts,

Please guide me on the following, IF POSSIBLE:

Query

Assessee Company received Notice u/s 148.

Should the 'Return be filed' under Section 148 and we need to consider the 'Return Filing as ORIGINAL' only (though it was belatedly filed on 31/12/2012 for AY 2012-13)?

Please confirm the proper way of filing of return u/s 148.

Note:

I remember, for one of our clients, I filed the Return u/s 148 and Return Filing as 'Revised' for AY 2010-11, the ITR UTILITY did not prompt for any error (of appropriate section) and successfully uploaded. (This happened a year back or so).

Thanks in advance for possible replies from all concerned.

CA Mohit Bansal

CA Mohit Bansal (Expert)
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17 March 2015 Hi Arthi,

There is no significance of putting original/revised return in case of return filed in response of notice u/s 139(9),142(1),148,153A/153C. Therefore you can either original or revised, it wont make any difference and ITR would validate both the options coupled with section 148

ARTHI

ARTHI (Querist)
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17 March 2015 Thanks for the reply.

Kindly note that if 'Return to be filed is U/S 148', then option available for Return Filing is only Original,

as for 'Return to be filed as Revised' shall be under a separate Section 139(5)'.

Hence, for Returns to be filed u/s 148, the only option available for Return Filing is ORIGINAL.

Note:

I now believe that for old years (up to AY 2010-11), ITR Utility was not properly designed to take of such requirement(s).

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CA Mohit Bansal

CA Mohit Bansal (Expert)
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17 March 2015 Yes. It might be the reason