MOHAMMAD.QUSROO (Practice) (72 Points)
10 December 2012Dear Experts!
Can we revise the Return for AY 2011-12. Tha same has been processed and TDS also credited to bank A/c. Now assessee wants to revise it to provide more details.Can we revise such a return which is already processed by DEPT and TDS also credited to bank.
Urgent Response required from Experts
Yogesh Bhandari
(CA FINAL Student)
(429 Points)
Replied 10 December 2012
If any person having furnished a return under section 139(1) or in pursuance of a notice issued under section 142(1), discovers any omission or any wrong statement therein, he may furnish a revised return at any time before the expiry of one year from the end of the relevant assessment year or before completion of assessment, whichever is earlier.
It may be noted that a belated return cannot be revised. It has been held in Kumar Jagdish Chandra Sinha v. CIT [1996] 86 Taxman 122 (SC) that only a return furnished under section 139(1) or in pursuance of a notice under section 142(1) can be revised. A belated return furnished under section 139(4), therefore, cannot be revised.
So, in this case, you can revise the return on or before 31.03.2013 or before the completion of assessment, whichever is earlier.
Yeshwanth
(Chartered Accountant)
(145 Points)
Replied 11 December 2012
The processing of the return does not tantamount to assessment. Only if the assessment under sec 143(3) is done, you cannot revise the return.
If Intimitaion and refund is received u/s 143(1) you can always revise the return nevertheless the return being processed.
Hence, you can revise the return u/s 139(5) on or before 31.03.2012
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