Return of income

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

14 June 2012 The assessee file his income tax return for the AY 2011-12 by claiming TDS. But the detial of TDS i.e. TAN, Deductor Name, TDS amount was not filed up in proper place/coloumn. The deparment completed the assessment u/s 143(1) of Income tax act and creat demand. Later on assessee submitted an application u/s 154 of Income tax Act enclosing copy of TDS Certificate. but the department has rejected the application by saying that the assessee not claimed TDS / not enclose TDS certificate. Is there any remedy in Income tax Department. Please your early reply by supported case law. Your early reply will be heartly thankful to you.

CMA Nishad Patkar

CMA Nishad Patkar (Expert)
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15 June 2012 Since the Plea for rectification u/s 154 has been rejected by the AO, and since the assessment is completed u/s 143(1) by serving an intimation, you have option to file a revised return by claiming a TDS Credit.

I urge other Experts to provide their view in this respect.

Querist : Anonymous

Querist : Anonymous (Querist)

15 June 2012 Dear Nishad
could I file revised return after assessment completed u/s 143(1)

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CMA Nishad Patkar

CMA Nishad Patkar (Expert)
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15 June 2012 Revised Return can be filed before the expiry of one year from end of the assessment year to which return is pertained or Completion of "Assessment" Whichever is earlier.

Here the Term "Assessment" means assessment U/s 143(3) or U/S 144.Since the order of regular Assessment U/s 143(3) has not been passed, you can revised the return.

S.R. Koshti vs CIT [2005] 146 Taxmann- Case Law.