Urgent query on filing return

This query is : Resolved

Gourav Kapoor (Querist)
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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)...???

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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.

Gourav Kapoor

Gourav Kapoor (Querist)
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13 July 2011 can u provide me the exact reference to this provision in act ?

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NITIN SHARMA

NITIN SHARMA (Expert)
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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.

Gourav Kapoor

Gourav Kapoor (Querist)
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15 July 2011 thanks sunil sir....