Form 10e, revised returns for fy 2016-17 and revised returns for fy 2017-18 due to delayed salaries

SK (Faculty) (30 Points)

05 December 2018  

I have the following Query from the CA Professionals on this Forum.  Kindly advise whether the following sequence is correct. Thanks much in advance...

I worked in an higher education organization from March 2016 to April 2017.  I left in April 2017 due to very delayed payment of Salaries.  Between April 2016 and March 2017 I was paid by Transfer Deposit into my Bank Account only 46.68% of Salary.  After my resignation and waiting there over next 4 months (between April and Aug 2017) I was paid by Transfer or by Official Checks issued by Organization the remaining Salary of 53.32%  for April 2016 to March 2017...

But the Organization issued my Form 16 for FY 2016-17/AY 2017-18 showing 100% of Salary as having been paid only in 2016-17. Based on that Form 16 I filed my Tax Return online in Aug 2017 before Filing Deadline and recd a very small refund from Income Tax Dept online.  For FY 2017-18/AY 2018-19 that Organization did not issue me any Form 16 although a majority of my Earnings for FY 2016-17 were recd in FY 2017-18...

I learnt later about Form 10E and its Procedure and filed Form 10E by Aug 31, 2018 and  received a Transaction ID.  Immediately afterward I also filed a Revised Return under Sec 139(5) for FY 2016-17/AY2017-18 along with my Original Return for FY 2017-18/AY 2018-19.  I am not employed since April 2017 and hence claimed refund for AY 2016-7/TY 2017-18 based on the Form 10 E.  In the filing for FY 2017-18/AY 2018-19 I had not yet shown the bifurcated amount of my salary earnings from FY 2016-17 received in FY 2017-18.  I am yet to send the Acknowledgments to CPC for both Revised Return of FY 2016-17/AY 2017-18 and FY 2017-18/AY 2018-19 filed before the deadline August 31, 2018 for FY 2017-18.

Query 1 I also prepared my Revised Return for FY 2017-18/AY 2018-19 based on amount received in FY 2017-18 of the Salary earned in FY 2016-17.  Should I upload the Revised Return for FY2017-18/AY 2018-19 online to IT Dept CPC right away? or should I wait for Revised return for FY2016-17/AY 2017-18 to be processed and accepted favourably.  I am afraid I would be liable in FY 2017-18 for 52% salary amount of FY 2016-17 received again if my revised return for FY 2016-17 is not accepted.  Pl note I already paid entire tax in FY 2016-17 although I recd 52% of that salary in FY 2017-18.

Query 2 After that Should I send the 3 Acknowledgments (for Revised Return of FY 2016-17/AY 2017-18,  Original  Return of FY 2017-18/AY 2018-19 and Revised Return of FY 2017-18/AY 2018-19) together by Speed Post to CPC.  I have 3 more weeks before my 2 Acknowledgments should be sent to CPC.

Query 3 Or should I first send 2 acknowledgments for Revised Return of FY 2016-17/AY 2017-18,  Original  Return of FY 2017-18/AY 2018-19 .  The Organizations should have given my Form16 for 2016-17 and 2017-18 with respective amounts.  But they did not.  As a result I paid much more tax.  Form 10E seemed to provide this Relief to tax payer due to the fault of Organizations by improper fiscal management.