Ay 2017-18 itr2 rectification request. which code to use from pull down

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (178099 Points)
Replied 18 April 2019

Choose 'Revised'

1 Like

Sanjeev (Tax Payer) (116 Points)
Replied 18 April 2019

Sir,

Thanks for your quick response.

You mean "revised" u/s 139(5) should be the right choice ? But it actually a "rectification" u/s 154.

How about the FA section ? Is it allowed to add details to the FA section which I forgot to fill in the original return ?

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (178099 Points)
Replied 18 April 2019

1. Not to worry much for section as second part FILING TYPE "RECTIFICATION" will be sufficient.

Next you have to fill ...If revised/defective/modified/Rectification, enter Receipt No .... And finaly its uploaded under service request as 'Rectification'

2. Yes.

Sanjeev (Tax Payer) (116 Points)
Replied 18 April 2019

Sir, I think there is no filing type "rectification" for the excel sheet utility for AY 2017-18. This utility appears in new forms for AY 2018-19.

The options in the excel utility for AY 2017-18 are very limited "Original/revised"

Section pull down has the following options "

BeforeDueDt 139(1)

AfterDueDt 139(4)

142(1)

148

153A

153C r/w 153A

Revised 139(5)

Response u/s 139(9)

Section 139 read with section 92 CD

Section 139 read with section 119(2)(b)"

Hence, given very limited options in the form for AY 2017-18, what options to select for rectification ?

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (178099 Points)
Replied 18 April 2019

Most suitable is Revised return only. As stated above .... that it is filed under "service request'' under 'Rectification'.

Sanjeev (Tax Payer) (116 Points)
Replied 18 April 2019

Thanks Sir,

I see that I got the notice due to two reasons:

1. I subtracted the "loss from house property" from the "income under the head salaries" and put that figure under the head salaries in ITR2. Hence this new reduced figure could not match with the one in the Form-16. And hence, demand.

2. I did not fill the FA (Foreign Assets) section of ITR2, though I filled sections TR and FSI to claim relief u/s 90 pertaining to DTAA (Dual Taxation Avoidance Agreement) for foreign income due to foreign shares. ITD did not give me relief u/s 90. and hence demand.

Now, I've corrected the excel sheet for these two updates (added loss from house property under HP schedule and added details to FA schedule - also filled form-67).

Any thing else I need to do for this rectification ?

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (178099 Points)
Replied 18 April 2019

Hope CPC considers the tax payment u/s. 90, as .....

In accordance with Rule 128, in order to claim FTC, the taxpayer is required to file following documents on or before due date of filing of return:

Good luck.

Sanjeev (Tax Payer) (116 Points)
Replied 18 April 2019

But Form-67 was not available while filing the return (July 2017). It became available only from Sept 2017 onwards.

Only FA section was unfilled, while TR and FSI sections were filled in the original ITR.

Now, I'll update the FA section and mark the return as "revised" u/s 139(5), as you suggested.

Sanjeev (Tax Payer) (116 Points)
Replied 18 April 2019

But Form-67 was not available while filing the return (July 2017). It became available only from Sept 2017 onwards. Only FA section was unfilled, while TR and FSI sections were filled in the original ITR. Now, for the rectification, I'll update the FA section and mark the return as "revised" u/s 139(5), as you suggested.

Read more at: https://www.caclubindia.com/forum/ay-2017-18-itr2-rectification-request-which-code-to-use-from-pull-down-511207.asp?offset=1

Sanjeev (Tax Payer) (116 Points)
Replied 18 April 2019

Sir, Any thing else I need to do for this rectification, in addition to the two actions I mentioned in my last post ?

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (178099 Points)
Replied 18 April 2019

Well, as such no compliance other than justification for tax relief u/s. 90, which the department has not accepted.

Just rectification with Schedule FA may not help much.

Good luck. ...

1 Like

Sanjeev (Tax Payer) (116 Points)
Replied 18 April 2019

So, in addition to submitting form-67 and filling FA section, what do you think can be done now, to claim relief u/s 90 ?

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (178099 Points)
Replied 18 April 2019

I do not want to discourage but the defect is no demand from CPC for form 67 till the date. Even if return was filed before sept. 17. you should have revised it after availability of the form.

Anyway hope CPC considers it with the rectification request.

Sanjeev (Tax Payer) (116 Points)
Replied 21 April 2019

Sir,

This query is again regarding AY 2017-18

I own some shares of a US company through my employer. The US company paid some dividend in the FY 2016-17. The brokerage agency withheld 25% of the dividend amount as withholding tax. I paid 30.9% - 25% of the dividend amount as tax in my original return, but this claim was not considered. I assume that since I did not fill schedules FA and form-67 in the original return (but schedules FSI and TR were duly filled), the relief under section 90 was not considered, as per intimation u/s 143(1a). Now, I plan to file a rectification return. So, to be doubly sure, I need two clarifications:

1. Does article 10 or 25(2) of section 90 needs to be quoted in schedule TR (and FSI, form-67) for claiming tax relief in this scenario ?

2. What are the schedules of ITR2 need to be filled for claiming this relief ? Is filing schedules FSI, TR and FA, along with form-67 good enough or something else is also required to be done ?

please help