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Furnishing wrong gender

14 September 2012

Hello Friends

while filing a efiling income tax return for a.year 2011-12. i m wronging mention male inplace of female. now i want to file the return for the a. year 2012-13.

plz tell me about the solution of this problem.

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10 Replies

U S Sharma (glidor@gmail.com) (21063 Points)
Replied 14 September 2012

file with correct gender,

as 11-12 is not related to 12013, but if doubted they will match the same with PAN data.

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when doing e filing two methods are applied, 1) self filing where the assesee himself / herself files the return and is liable for all correctness and errors, 2) through TRP - Where he/she can furnish the data to TRP and he files the return, after checking the correctness by the assesee,

Though the issue is not serous as you have no refund or tax claim in form of female file, but imagine, if the case is selected for regular assessment, and you have to reply for the error ..............

prevension is always better than cure :) so check before fuling the data, not after filing !!

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Ashish M (Chartered Accountant) (2731 Points)
Replied 14 September 2012

Why don't you revise the return for A.Y. 11-12? Then file the return for A.Y. 12-13.

CA JATINDER KAPOOR (JOB) (305 Points)
Replied 15 September 2012

Mr. Ashish i am never heard belated return be revised.

U S Sharma (glidor@gmail.com) (21063 Points)
Replied 15 September 2012

@ jatinder

before remark, read your query, where its nowhere mentioned the date of filing within due date or not,

and go ahead with filing for another year with correct gender, if they crop PAN data they will rectify the same in the year of wrong gender filing :) ( but dont expect our departments are too efficient to do so )

Ashish M (Chartered Accountant) (2731 Points)
Replied 19 September 2012

@ Jatinder: IF its belated return, then it can't be revised. My answer based on the return properly filed.

@ U.S. sharma: Dear Friend, but i doubt that, while conducting 143(1) where the system calculates the tax, the system will calculate the tax apply limits based on the gender and which may lead to excess payable or refundable..!!! thats purely hyphothetical situation i m talking about.!!!

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U S Sharma (glidor@gmail.com) (21063 Points)
Replied 19 September 2012

@ Ashish M

even in case of right gender if you have not claimed right then the claim will not be granted, viz if you have balance of 1500 of TDS in 26AS but forgot to claim it, department will not consider it, however if department find that you have claimed excess then they will reduce the claim.

regarding the data correction, department crops data from NSDL regarding name adress etc, so the gender would also be there. but for data correction only , not for your calculation

now back to the query, the query posted above is regarding the alphabet M/F used in return, never asked the situation about the basic exemption or any any supplimentary claim, so it is deemed that the return is filed without tax or nil return. and with such change no change is going to happen in the data calculation of the return.

Sonik (Student) (32 Points)
Replied 08 October 2012

hi all

one of my aunts have mistakenly filed her return for ay 11-12 by selecting the gender as male and her return has been processed as a male by CPC. now she has received a notice u/s 143 (1) demandin additional rs. 3k due the differential slabs.

kindly advise me what to do.. thanking you in advance.

U S Sharma (glidor@gmail.com) (21063 Points)
Replied 08 October 2012

Originally posted by : Sonik
	hi all one of my aunts have mistakenly filed her return for ay 11-12 by selecting the gender as male and her return has been processed as a male by CPC. now she has received a notice u/s 143 (1) demandin additional rs. 3k due the differential slabs. kindly advise me what to do.. thanking you in advance.

if the original return was filed within due date, then revise the return.

if not filed within due date, then file rectification u/s 154

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Sonik (Student) (32 Points)
Replied 08 October 2012

First of all Thanks a lot for the reply.

Secondly the return was filed within due date. My aunt did receive a intimation from CPC u/s 139(9) last november, stating the data (gender) as per the filed return is different from their database, she ignored the same then. After having a chat with her in the evening she mentioned it to me.

So should i continue with the revised return now? And also would the notice u/s 143 be of any inconvenince to the revised return?

Kindly guide. Thanking you in advance.

U S Sharma (glidor@gmail.com) (21063 Points)
Replied 08 October 2012

you can file revised return, even after communication of intimation u/s 143(1)

as the period have elapsed almost 11 months so chances are there, that the case would be transferred to IYO for regular assessment, but as the fault is mere gender based, it would get cleared in one hearing we expect.