Late return & defective return

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

18 March 2014 sir, I filled a return for my client for the assessment yeat 2013-14 on 15 march 2013 which is late return, By mistake i forget to return the challan detail and without Writing the detail i am submit the return.
i know my return is now defective

please suggest me what should i do now?

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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18 March 2014 you can file a revise return u/s 139(5) after rectifying the same.

Querist : Anonymous

Querist : Anonymous (Querist)

18 March 2014 but return is already lated, can i revised the return

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CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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18 March 2014 1. Since you have filed a BELATED return you CANNOT file a revised return.

2. Wait for the return to be processed. A demand will be raised in the intimation.

3. File a rectification application and fill in the details of the challan.

Ashish

Ashish (Expert)
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18 March 2014 My doubt
Can a return be filed before year end
As you have filed return for ay 13-14 on 15 march 13
Is it possible ?
Sorry if i made a reading error

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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18 March 2014 Dear Ashish,

Return CANNOT be filed before the end of the year for which the return is to be filed.

The author has probable mentioned the 2013 instead of 2014 (15 March, 2014)

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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18 March 2014 in case if the return was filed after due date then still u can file rectification petition u/s 154.

Querist : Anonymous

Querist : Anonymous (Querist)

18 March 2014 where i file rectification application

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Querist : Anonymous

Querist : Anonymous (Querist)

18 March 2014 sorry for mistake it's 15 march 2014 instead of 15 march 2013

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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18 March 2014 If you filed the return electronically, then you have to submit the rectification application online

However the same can be filed only after the return has been processed and intimation u/s 143(1) has been issued.

Querist : Anonymous

Querist : Anonymous (Querist)

18 March 2014 how and where i filled rectification request?

Querist : Anonymous

Querist : Anonymous (Querist)

18 March 2014 is there any penalty for E-filling defective return?

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CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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18 March 2014 1. Login to your e-filing account.

2. Under My Account select Rectification Request.

Querist : Anonymous

Querist : Anonymous (Querist)

18 March 2014 kkkkkkkk but can i file rectification request before getting intimation U/S 143(1)

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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18 March 2014 Rectification can only be filed AFTER receipt of intimation u/s 143(1).

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Querist : Anonymous

Querist : Anonymous (Querist)

18 March 2014 kkkkkkkkkkkkkkk thank you sir for your valuable suggestion

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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18 March 2014 rectification request can filed even b4 initmation is recieved u/s 143(1) as per sec 154.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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18 March 2014 Tushar can u provide the basis for rectifying return before 143(1) is issued. Please note that you rectify the order, not the return

Querist : Anonymous

Querist : Anonymous (Querist)

21 March 2014 please tell me how i am rectifying return before intimation U/S 143(1) issued

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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21 March 2014 you can still file manual rectification which i have filed it and was accepted by dept.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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21 March 2014 that is not under section 154.

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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21 March 2014 i think rectification is allowed under income tax only in 2 section i.e 154 and 254 but 254 is for ITAT?

Nikhil Kaushik

Nikhil Kaushik (Expert)
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21 March 2014 what you file during the assessment or period before assessment order is passed is not the rectification but revision only.

while you cannot suomoto file 139(5) in case of 139(4) return, the option to make amendments, additional claims etc before AO through physical appearance can be covered under 143(3).

If however the return is filed online, the option for the same is not available as system for rectification requires existence of an income tax order or intimation.

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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21 March 2014 psl provide where under act, rules, circular or notification it is mentioned that those who have filed online return cannot file manual rectifcation request u/s 154?

Nikhil Kaushik

Nikhil Kaushik (Expert)
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21 March 2014 I am not saying you cannot file manual rectification. I am saying that in absence of order no, you cannot file rectification online. Plus, what are you rectifying. Is 154 to rectify a return or an order/intimation?