Urgent query on filing return
This query is : Resolved
13 July 2011
if assesee furnise ITR two times in same assessment year thn what d consequence...both are original return (ie.no revised return furnish)...???
Guest
Guest
(Expert)
13 July 2011
The Return filed later would be treated as valid one.
[Provided first return was filed within due date].
In other words, in effect, it would be at par with the Revised Return.
If first return was filed after due date,
second return filed would have no effect & would be invalid.
The Return filed later would be treated as valid one.
[Provided first return was filed within due date].
In other words, in effect, it would be at par with the Revised Return.
If first return was filed after due date,
second return filed would have no effect & would be invalid.
13 July 2011
can u provide me the exact reference to this provision in act ?
14 July 2011
no consiquances if both returns are same. You may received 142(1).
Guest
Guest
(Expert)
15 July 2011
In Goetze (India) V. CIT (2006) 224 ITR 323/157 Taxman (SC),
Held that,
A fresh claim before the A.O can be made only by filing a Revised Return, not otherwise.
An Assessee cannot amend a Return filed by him for making a claim for deduction,
other than by filing a Revised Return.
On Interpreting the above Judgement it is clear that if Assessee has filed a second return, either it will have no effect at all (If first return was filed after Due date, as Belated Return can not be revised) or second return filed would be considered final, even if in return, it was not mentioned that it is a revised one, still if Assessee files a Return second time, in effect, he has made a claim other than the claim made in first return. Therefore, it can only be considered as a revised return.
Ref: Dr V.K. Singhania 42nd Ed. Pg.874 & 892.
Held that,
A fresh claim before the A.O can be made only by filing a Revised Return, not otherwise.
An Assessee cannot amend a Return filed by him for making a claim for deduction,
other than by filing a Revised Return.
On Interpreting the above Judgement it is clear that if Assessee has filed a second return, either it will have no effect at all (If first return was filed after Due date, as Belated Return can not be revised) or second return filed would be considered final, even if in return, it was not mentioned that it is a revised one, still if Assessee files a Return second time, in effect, he has made a claim other than the claim made in first return. Therefore, it can only be considered as a revised return.
Ref: Dr V.K. Singhania 42nd Ed. Pg.874 & 892.
15 July 2011
thanks sunil sir....
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