Section 139 (1) and 139 (5)

This query is : Resolved

sahil (Querist)
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05 September 2012 n Assesse filled return Of AY 2011-12 under 139(1) and got refund within 3 months. Now assessee paid advance tax of AY 2012-13 but by mistake while he was filling Challan No 280 he wrote AY 2011-12 instead of AY 2012-13 and now credit of said challan shown in 26 AS of AY 2011-12.

Questions:

1) whether assessee can file return u/s 139(5) of AY 2011-12 ??
2) when an assessee got refund that mean assessment is completed or not ???
3) whether 154 possible??

Pankaj Gupta

Pankaj Gupta (Expert)
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05 September 2012 * As the assessee has received the refund, it clearly shows that assessment is completed.
* once the assessment is complete, revised return can not be filled.
* Therefore you can move an application u/s 154 for rectification of the mistake. Deposit of tax twice clearly shows that it is a mistake apparent from records.