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Filled return with wrong pan

mehul kishnani (student) (264 Points)

09 July 2010

hi every,

one of my frnd filled return for the A.Y 2009-10 with wrong pan number of Rs. 45000/- . now what to do this year for rectification for the same. should i file revise return or make a application to concerned AO for rectification or just wait for dept action for defective return notice n then rectify within 15 days, in that case m i liable for penalty?

thanks

mehul

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12 Replies

CA Narendra Gupta (CA ) (256 Points)
Replied 09 July 2010

Hi mehul,
The case you have mention was similar to what i had tackled in past.My client had provided me his wrong PAN and from which i filed his return. I was not knowing about the fact of wrong PAN. My client got a notice from incometax dept. Demanding penalty of Rs. 5000, which he paid later. But i came to know that if it comes to your knowlegde before any notice of ITO you can avoid penalty. You just need to submit a letter mentioning about the fact to concerned ITO in order to rectify your mistake.
For more detail you can contact to Income tax dept. And they will guide you.

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CA Shiv (Business Controller) (2987 Points)
Replied 09 July 2010

i think he initated a penalty u/s 271F as amount is 5000 for not filing return.. I am not sure but it may be the case....

IF you get any notice than only do it or else forget it....

Namita (CA Practice) (41 Points)
Replied 09 July 2010

Hi Mehul,

Since the return is filed with wrong Pan, it is deemed to be return not filed for the assessee or the other way round there is mistake apparent on records, So it will be better to file a revised return within the time limit and avoid penalty of Rs 10000/- on the same.

varun gupta (Senior Accounts Officer) (89 Points)
Replied 09 July 2010

Wait for AO action, since return amount is less it should be passes easily by AO, but if u want to use this return in future it is safe to file revised return.

Vinay Bhati (Practicing Chartered Accountant) (40 Points)
Replied 10 July 2010

As per section 272B of income tax act, if an assessee quote wrong pan in income tax return, penalty of Rs. 10000, may be imposed on the such assessee, but before imposing penalty an opportunity of being heard shall be given to the assessee.

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Ashish Sharma (Service) (1028 Points)
Replied 10 July 2010

Agree with Vinay sir don't wait for AO action submit a new return and file an application for cancelling wrong return submitted

mehul kishnani (student) (264 Points)
Replied 14 July 2010

Hi narender i just met concerned ao, he told no need
to take a action since amount is too low. So he told dont give an application or revise d return

CA Narendra Gupta (CA ) (256 Points)
Replied 14 July 2010

Thanks mehul for giving the final conclusion of your case.

For my knowledge i want to know that how you will rectify the wrong PAN. Is AS has told you about this.

Suboohi Hyderi (Article Assistant) (25 Points)
Replied 14 July 2010

Will anyone give the instructions or guidance to fill online ITR filing?

When I go for registration on online filing a problem occur and asked for contact to tax admin.

Please sort out this problem...

mehul kishnani (student) (264 Points)
Replied 16 July 2010

Hi narendra i m also still searching d final answer. When i met ao he told dont worry we r not taking seriously these mistakes when amount is too low. I asked what about future penalities n other consequenses he simply told we r not bother for such a small amount. We have big fishes to catch n not small once. I also confused

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CA Narendra Gupta (CA ) (256 Points)
Replied 16 July 2010

Hi mehul,
I agree with AO . There say is right . You don't get confuse or get nervous. your amount of return was very less , so in such cases they also forgive penalty. In my case which i tackled was not so.
I will talk this to my senior and then i will let you know.

I will only say "EXPERIENCE TEACHES YOU LESSON LEARN IT , DON'T GET AFRAID OR CONFUSE FROM IT"
Ok! wish you good luck