Now revise it return for financial year 2011-12

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

12 September 2013 Dear Sir,

my friend had filled his return IT return ITR-1 for financial year 2011-12 on 31.08.2012, it was filled on or before due to date itself, But he did not sent signed acknowledgement to CPC- Income tax Dept with 120 days from date of filling due to he is not aware of it.

now I observed that he was filled wrongly i.e he is having professional income as per 26AS during that period(Apr-11 to Mar-12) also along with salary income. but he did not disclosed in the return

Sir, shall we revised above return? as revise file under u/s 139(5),due date is over 31st Mar 2013?

Kindly suggested on above?

Nitesh Parmar

Nitesh Parmar (Expert)
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12 September 2013 first of all please check your return may be cancelled ? and if return cancelled then it is considered as a not filed.

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Querist : Anonymous

Querist : Anonymous (Querist)

12 September 2013 Thanks for your suggestions, he did not sent to CPC-Income Tax Dept, still filled status of IT return is "return uploaded"

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Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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03 August 2024 Given the situation described, here’s a step-by-step guide on how to address the issue of not sending the signed acknowledgment and correcting the return:

### **1. Understanding the Situation:**

- **Original Filing Date:** The return for FY 2011-12 was filed on 31.08.2012.
- **Acknowledgment Status:** The signed acknowledgment was not sent to the CPC within 120 days, so the return status is "return uploaded."
- **Error in Return:** The return did not include professional income as per Form 26AS.

### **2. Status and Options:**

1. **Unsigned Acknowledgment:**
- Since the signed acknowledgment was not sent, the return was not considered valid. Hence, it is treated as if no return was filed.

2. **Revising the Return:**
- **Section 139(5) Deadline:** The due date for filing a revised return under Section 139(5) was 31st March 2013, which has passed. Therefore, revising the return under this section is no longer possible.
- **Section 119(2)(b):** You can request the Income Tax Department for condonation of delay under Section 119(2)(b). This section allows the tax authorities to condone delays in certain circumstances, but it is at their discretion.

### **Steps to Follow:**

**1. File a New Return:**

Since the original return was never valid due to the unsigned acknowledgment, you will need to file a new return for FY 2011-12. This can be done as follows:

- **New Return Filing:** File a fresh return for FY 2011-12 using ITR-1 or ITR-4 (depending on the nature of income).
- **Declare All Income:** Ensure that all income, including professional income as per Form 26AS, is disclosed accurately.

**2. Request for Condonation of Delay:**

If the new return is filed after the deadline, you can request the Income Tax Department to condone the delay:

- **Prepare a Letter:** Draft a letter to the Income Tax Department requesting the condonation of delay. Include reasons for the delay, such as not being aware of the requirement to send the signed acknowledgment.
- **Supporting Documents:** Attach any supporting documents that justify the delay.
- **Submission:** Submit this request to the Income Tax Department. You may need to contact the local tax office for this request or check if there is an online facility for such requests.

**3. Pay Any Due Taxes:**

- **Calculate Penalties:** Be prepared to pay any additional taxes, interest, or penalties due to the delay or errors in the previous returns.
- **Interest and Penalties:** Interest under Section 234A/B/C and penalties under Section 271F may apply for late filing or non-filing.

**4. Confirm Acknowledgment:**

- **Acknowledge Receipt:** Ensure that you receive an acknowledgment for the new return or any communication related to the condonation request.

### **Summary:**

1. **File a New Return:** File a fresh return for FY 2011-12, declaring all incomes correctly.
2. **Request Condonation:** Draft and submit a request for condonation of delay to the Income Tax Department.
3. **Pay Dues:** Pay any additional taxes, interest, or penalties as required.

### **Contacting the Tax Department:**

- **Follow Up:** Regularly follow up with the Income Tax Department to ensure that your requests are processed and to confirm that your new return is accepted.

If needed, consider consulting with a tax professional or chartered accountant to assist with the new return filing and request for condonation.