CA Govind B. Manglani (Employment) (31 Points)
28 March 2010ASSESSE HAD FILED RETURN BEFORE DUE DATE SHOWING INCOME OF Rs.240000/- U/s 44AE.
HE WAS THE OWNER OF 2 TRUCKS.AND HAD CLAIMED INT ON TRUCK LOAN U/s 80C.HIS CASE SELECTED FOR
SCRUTINY N NOW HIS CASE IS UNDER APPEAL.
CAN HE FILE REVISE RETURN U/s 139 (5)???? THOUGH HIS TIME LIMIT IS EXPIRED????
Amir
(Learner)
(4016 Points)
Replied 29 March 2010
Dear Sir,
I couldnt get ur doubt actually.
A return filed with in due date can be revised within 1 year from the end of relevant assessmeny year or before the completion of assessment which ever is earlier.
Even during the continuation of assessment proceedings, a return can be revised but not after 1 year from the end of assessment year.
Now u have mentioned that case is pending in an appeal + time limit has also been expired - So not possible to revise the return now.
C.Balaji
(Learner)
(1867 Points)
Replied 29 March 2010
Completely agree with Dear Amir Brother.............
Revised Retrun cannot be filed for a Belated Return..........
Revised Return should be filed before 1 year from the end of relevant A.Y. or completion of Assessment whichever is earlier...........
Since the time limit has expired i think he cant Revise the Return now......
Kaushik Vankadkar
(Service)
(350 Points)
Replied 29 March 2010
revised return shall be filed within 1 year from the end of the relevant assessment year or completion of assessment whichever is earlier.
ANIL KUMAR JAIN
(PRACTISING CONSULTANT)
(65 Points)
Replied 29 March 2010
the provision.......
60[(5) If any person, having furnished a return under sub-section (1), or in pursuance of a notice issued under sub-section (1) of section 142, discovers any omission or any wrong statement therein, he may furnish a revised return at any time before the expiry of one year from the end of the relevant assessment year or before the completion of the assessment, whichever is earlier :
you could have revised it........ atleast before the assessment, when it was under scrutiny. by having talked about the same with the assessing officer...
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