CA CHETAN GUPTA (CA) (588 Points)
10 February 2017FY 2015-16, AY 2016-17
Income Tax Return Due Date JULY 2016
Return Filed in Feb 2017 (After Due Date, but before End of Assessment Year)
Can REVISED RETURN be Filed??
I have read that Return filed after due date cannot be revised. But it is not Belated return. So I'm Confused. Kindly Clear it ASAP. Also mention relevant Section where it is Clearly written.
Thanks
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(177741 Points)
Replied 10 February 2017
"FY 2015-16, AY 2016-17 Income Tax Return Due Date JULY 2016 Return Filed in Feb 2017........."
Under which section you filed the return; 139(1) or 139(4)?
CA CHETAN GUPTA
(CA)
(588 Points)
Replied 10 February 2017
The Software took the Section automatically as 12 - 139(4)
CA CHETAN GUPTA
(CA)
(588 Points)
Replied 10 February 2017
Actually Sir, the Problem is I forgot to Claim TDS in the Return. There is TDS as per 26AS.
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(177741 Points)
Replied 10 February 2017
Only ITR filled u/s. 139(1), can be revised within specified time limit.
Only option available: if you have not verified it.
Or getting any defective letter from department.
CA CHETAN GUPTA
(CA)
(588 Points)
Replied 10 February 2017
Actually Sir, the Problem is I forgot to Claim TDS in the Return. There is TDS as per 26AS.
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(177741 Points)
Replied 10 February 2017
Let it get processed, even after that rectification request u/s. 154 can be filled. TDS can be claimed any time (within next 4 years)
CA CHETAN GUPTA
(CA)
(588 Points)
Replied 10 February 2017
Yes Sir, I have not verified it.
And how can we claim TDS in 4 years. Kindly Explain.
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(177741 Points)
Replied 10 February 2017
If you have not e-verified, and not sent V to CPC, there is option to file again return u/s. 139(4), wherein you can claim TDS, which you missed now. E verify the second filed ITR only.
Second option not required in above case.
CA CHETAN GUPTA
(CA)
(588 Points)
Replied 10 February 2017
Yes Sir,
I filed the return late night yesterday and have still not verified it. and not sent ITR V too.
there was no Option of EVC thru Email. Net Banking Option was coming so I rechecked because it comes in Refund cases. And then I got the Mistake.
I will File the New Return today in 139(4)
Should I mention on it that it is REVISE RETURN ???
Thank You
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(177741 Points)
Replied 10 February 2017
Its not revised return it is same which you filed u/s. 139(4). Only thing is the first one will be treated as Invalid.
CA CHETAN GUPTA
(CA)
(588 Points)
Replied 10 February 2017
Software is not allowing to fill the Return again . . Until I click on "Create Revise Return" Option
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(177741 Points)
Replied 10 February 2017
Original ITR filled u/s. 139(4) cannot be revised.
Either wait for 4 months, let the original one be treated as invalid, then file again u/s. 139(4).
Or let the filed return get processed (after e-verification), then file rectification request u/s. 154, for the missed TDS claim.
CA CHETAN GUPTA
(CA)
(588 Points)
Replied 10 February 2017
Okay Sir,
I'll try to File it Today again u/s 139(4) mentioning it as ORIGINAL Return and then the PREVIOUS ONE will automatically get INVALID because I'll VERIFY the NEW RETURN.
And in the rare case I'll Wait for 4 Months. Since its the Same thing I think.
Thank You for your Co-operation. Thanks.
SATISH KUMAR NEMANI
(PROPRIETOR)
(46 Points)
Replied 10 February 2017
A revised return can be filed under section 139(5) of the Income Tax Act, 1961 that says as under:
"If any person, having furnished a return within the time allowed under section 139(1) may furnish a revised return at any time before the expiry of one year from the end of the relevant assessment year---------"
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