Wrong itr filed by mistake


Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
28 December 2013 I had e filed itr 1 with all the values zero by mistake actually i have the professional income with tds refund and its belated return . so now how can i get the refund?
AY 2013-14 & itr processed at cpc with no demand no refund.

28 December 2013 did you file the return before or on the due date? if yes, then you can file revised return.


Profile Image

Guest

Profile Image

Guest (Expert)
28 December 2013 U can claim that refund by filing rectification application under section 264


28 December 2013 Dear Rachit,

1. the option of revising return is available to the assessee.

2. rectification is filed under 154. There is no need to go for 264 at this stage.

Profile Image

Guest

Profile Image

Guest (Expert)
28 December 2013 Ya sorry under section 154...and dear Nikhil in his query it is clearly written that its a belated return.that how he can revise his return??

28 December 2013 Agree with Nikhil.


Thanks

28 December 2013 Dear Rachit,

But can assessee revise the income details in the rectification request??

check that!

And yes if it is belated return, the assessee has no option to avail.

Profile Image

Guest

Profile Image

Guest (Expert)
28 December 2013 Dear Nikhil
Ya According to me it can be rectified in section 154.So according to u whats the solution to this problem then.


28 December 2013 you cannot revise the income details in the rectification request. Please refer Rectification Manual issued by CPC Bangalore Page 6.


Profile Image

Guest

Profile Image

Guest (Expert)
28 December 2013 SO you know any solution for this query now??

28 December 2013 nopes. thats what I already said earlier. The only solution comes up if the return is transferred to jurisdictional AO. There you may make claims during the assessment.

Profile Image

Guest

Profile Image

Guest (Expert)
28 December 2013 Dear Nikhil
ok.SO no option left.As return is filed nil So very few chances of assesment.
Thanks for updating me.


28 December 2013 not necessarily. Since the income tax department has the TDS details available. In such cases, often return is sent to jurisdictional AO.

28 December 2013 A belated return can not be revised, but since it is a mistake apparent on record you can go for rectification u/s 154.

28 December 2013 Dear Abhishek,

Income details cannot be revised. Hence even rectification is not an option here!


28 December 2013 U/s 154(2), the income tax authorities may make the rectification :
1. On its own motion
2. on application made by the assessee or the deductor bringing the mistake to the notice of the authority concerned.

28 December 2013 what? how is that relevant??

28 December 2013 Dear Nikhil, I think that it is a case of mistake apparent from record as neither the income nor the tax credit had been claimed by the assessee and the same has also been ignored by the CPC. But, the form 26AS should have shown about the tds amount of the assessee, which should have been taken in to account, while making the assessment, that's why the assessee can opt for rectification application u/s 154. (its my personal opinion)

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
28 December 2013 whether he should go for online ractification?

29 December 2013 Dear Abhishek,

Reflection of TDS credit in Form 26AS is of no proof of income during the relevant assessment year as it is at the option of the assessee to claim credit of TDS on the basis of income offered in return (which is nil in this case). So it doesn't automatically an apparent mistake.

30 December 2013 HI,

NIKHIL BHI.


Tnks,


Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
30 December 2013 So , What's the solution experts?

30 December 2013 unfortunately, no direct solution. You may try filing rectification application. Whether or not it is accepted is something we cannot comment upon with guarantee.

Alternatively, you can include the relevant income in next assessment year and also claim credit for the same in next year (this however shall be on fact to fact basis and should not be considered as a blanket advice)

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
30 December 2013 thx & if u get any direct solution then tell me..thx once again.



You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now

Join CCI Pro
CAclubindia's WhatsApp Groups Link


Similar Resolved Queries


loading


Unanswered Queries