sanjay singhal (CA) (987 Points)
05 January 2013Dear Freinds
We have filled a belated return u/s 139(4). Inadvertantly TDS not claimed therein. TDS is showing in 26AS.
Now what should us do to rectify the mistake in view of the following:
1. It can not be revised as per section 139(9).
2. We have not sent ITR V CPC banglore.
wiating for solution
thanks
Vineet Goyal
(Assistant Manager - Finance & Accounts)
(702 Points)
Replied 05 January 2013
Do not send the ITR V to Bangalore. Till the time you do not sent, it will not be considered filed return.
Try once again to file return. If it does not accept, wait for 120 days. If I am not wrong, this is time period you get to send ITR V.
After the expiry of this time, you would be able to file return once again.
CA Vanamala Phani Kumar
(Proprietor of M/s Vanamala and Co)
(972 Points)
Replied 07 January 2013
Send it Banglore . and wait for Demand Notice (143(1) ).
Rectiify the return after receiving Notice..!
Subhash Mishra
(STUDENT & GST PRACTICENER)
(39 Points)
Replied 26 April 2013
Dear Sanjay Ji
A belated return filed under Section 139(4) can not be revised.
Send ITR V to CPC banglore and wait for intimation issued to you by CPC Baglore under Section 143(1).
If any amount payable in such intimation , which is issued to You under section 143(1) than such intimation deemed as notice of demand than you will move to rectification under section 154 .
As per Section 154 [Rectification of mistake]
With a view to rectifying any mistake apparent from the record an income-tax authority :-
(a) amend any order passed by it under the provisions of this Act ;
(b) amend any intimation or deemed intimation under Section 143 (1)
(c) amend any intimation under sub-section (1)of Section.200
Dipjyoti Majumdar
(CA in service & CS. dipmaj@ rediffmail.com )
(3468 Points)
Replied 26 April 2013
The option set out by Vineet is to be followed. It is better to claim the TDS in return rather than by pulling 26AS into the 154 petition as the AO can take a view that as you have not claimed the TDS you will not be granted the same though it is showing in 26AS.
Regards,
CAclubindia
