Amit (engineer) (34 Points)
23 July 2009I uploaded my incomplete xml file by mistake while efiling. It is missing some details and I would like to make a correction now.
Should I just go ahead and upload the correct xml file.
Or should I file a revised return.
In case I have to file a revised return, should I be sending both the ITR-V forms (original and revised) to the IT Department or only the revised form.
Thanks in Advance !
BALASUBRAMANYA B N
(CCI STUDENT....)
(44679 Points)
Replied 23 July 2009
If you filled wrong then file revise return and send both ITR-V to department...
NiTiN JAiN
(TAX CONSULTANT & CA FINAL STUDENT)
(155 Points)
Replied 23 July 2009
you will have to revise the return & then you will have to send both the forms to Banglore central deptt.
Amit
(engineer)
(34 Points)
Replied 23 July 2009
Thanks for the replies.
One clarification, as per the IT circular :
In case, Form ITR-V, is furnished after the above mentioned period, it will be
deemed that the return in respect of which the Form ITR-V has been filed was never furnished
and it shall be incumbent on the assessee to electronically re-transmit the data and follow it up by
submitting the new Form ITR-V within thirty days.
So, if I do not send the ITR-V for the wrongly filed xml, will it not automatically get discarded and in the meanwhile I can file a new original return (which could be efiling or paper filing). Does this sound wrong ?
saurabh
(CA)
(552 Points)
Replied 23 July 2009
| Originally posted by :Amit | ||
| " | Thanks for the replies. One clarification, as per the IT circular : In case, Form ITR-V, is furnished after the above mentioned period, it will be deemed that the return in respect of which the Form ITR-V has been filed was never furnished and it shall be incumbent on the assessee to electronically re-transmit the data and follow it up by submitting the new Form ITR-V within thirty days. So, if I do not send the ITR-V for the wrongly filed xml, will it not automatically get discarded and in the meanwhile I can file a new original return (which could be efiling or paper filing). Does this sound wrong ? |
" |
yes amit this is wrong as the original return will never be furnished so u cannot file a revised return of the return which was not filed at all. Therefore u will have to post both the returns.
Amit
(engineer)
(34 Points)
Replied 23 July 2009
| Originally posted by :saurabh | ||
| " | Originally posted by :Amit " Thanks for the replies. One clarification, as per the IT circular : In case, Form ITR-V, is furnished after the above mentioned period, it will be deemed that the return in respect of which the Form ITR-V has been filed was never furnished and it shall be incumbent on the assessee to electronically re-transmit the data and follow it up by submitting the new Form ITR-V within thirty days. So, if I do not send the ITR-V for the wrongly filed xml, will it not automatically get discarded and in the meanwhile I can file a new original return (which could be efiling or paper filing). Does this sound wrong ? " yes amit this is wrong as the original return will never be furnished so u cannot file a revised return of the return which was not filed at all. Therefore u will have to post both the returns. |
" |
Thanks Saurabh. So, then why should I file a revised return. Should I not file a new original return and send a new ITR-V and completely forget about the wrong one filed earlier, and not send the old ITR-V for it at all.
saurabh
(CA)
(552 Points)
Replied 23 July 2009
| Originally posted by :Amit | ||
| " | Originally posted by :saurabh " Originally posted by :Amit " Thanks for the replies. One clarification, as per the IT circular : In case, Form ITR-V, is furnished after the above mentioned period, it will be deemed that the return in respect of which the Form ITR-V has been filed was never furnished and it shall be incumbent on the assessee to electronically re-transmit the data and follow it up by submitting the new Form ITR-V within thirty days. So, if I do not send the ITR-V for the wrongly filed xml, will it not automatically get discarded and in the meanwhile I can file a new original return (which could be efiling or paper filing). Does this sound wrong ? " yes amit this is wrong as the original return will never be furnished so u cannot file a revised return of the return which was not filed at all. Therefore u will have to post both the returns. " Thanks Saurabh. So, then why should I file a revised return. Should I not file a new original return and send a new ITR-V and completely forget about the wrong one filed earlier, and not send the old ITR-V for it at all. |
" |
Amit, the return that u efile now will not be an original return, coz in records if the deptt u hav already filed the return, however it is incorrect.
Therfore, the return that u file has to be a revised return and it cannot be a new original return. Revised return steps into the shoes of original return. thus, where a revised return is filed, the original return is deemed to have been withdrawn and revised return takes its place (sec 139(5) + Dhampur sugar Mills pvt Ltd).
If u still have any doubt, plz ask Amit
Amit
(engineer)
(34 Points)
Replied 23 July 2009
Thanks Again Saurabh.
So, if I mark the new return as a revised return what should I fill in section where I need to fill in the following details :
| If revised, enter Receipt no and Date of filing original return (DD/MM/YYYY) | |||||||||||||||||
Since I have not yet sent an ITR-V form, I have not received any receipt number. All I have is an e-filing acknowledgement number. I believe, what is being asked here is the number that the department stamps on receiving the ITR-V, which I do not have.
Moreover, as per my understanding, the filing is completed only once I submit the ITR-V and that is stamped by the department, and if that does not happen in 30days time, the filing is anyways deemed expired. So, is a revised filing really needed in my case if I do not submit the ITR-V for the erroneous filing I made today.
Pardon my ignorance, but I wanted to understand the situation before I proceed with a new original or a revised filing.
Thanks for your time and patience.
CA.Shaleen Srivastava
(CA , CWA*, Bcom(H))
(2004 Points)
Replied 24 July 2009
thnaks for the information
subhash c rohatgi
(ca)
(22 Points)
Replied 13 September 2009
I have filed a return(wrong) & not send a ITR-V to bangalore,But immediatly i furnished a revised return thr my digital signeture ,shell i send a ITR-V t bangalore or not
CAclubindia
