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Income Tax

(Querist) 25 August 2010 This query is : Resolved 
We are a Company, we have filed our original ITR for the AY 2008-09 on 03.10.2008 while the last date of filing the ITR was 30.09.2008. The delay happened due to some internal matter of the company and heavy load on website. We have shown the profit in ITR and claimed X amount as refund after filing the details of TDS certificates received by the Company.

After filing the orginal ITR we hv received some more TDS certificates, accordingly we revised our ITR well within the stipulated time and claimed the revised refund after including such TDS certificates.

Now the authorities are saying that since our original ITR was not filed in time, they are unable to refund the money as aked in revised return. According to them, only the refund claimed in original ITR can be released.

Is it so? Is there any law or procedure of such kind?

Pls advise.
A V Vishal (Expert) 25 August 2010
Technically the department is right in not accepting the Revised return, which cannot be challenged any where. Request the A.O to issue a notice u/s.142 and file the return of income once again under 142 within the time stipulated in the notice with all the necessary amendments. It is all about managing the A.O
s.subramanian (Expert) 25 August 2010
Yes. I concur with Mr.Vishal.
Kumar Thadhani (Expert) 25 August 2010
File Revision petition u/s 264 of the Income-Tax Act stating all the particulars of original return as well as revised return with the Commissioner of Income-Tax of your jurisdiction.
B.Chakrapani Warrier (Expert) 26 August 2010
You have filed the return of income under section 139(4) of the Income tax Act,1961. Section 139 (5) does not permit you to revise the return filed under section 139(4).
Citation :- Kumar Jagdish Chandra Sinha (1996) 220 ITR 67(SC).
Therefore, the assesing authority cannot accept the revised return and thus the revised return filed becomes invalid meaning thereby the new claim of TDS cannot be entertained for want of a valid return.
Now the recourse available to you,as per my understanding, is try revision before the CIT.
soumitra basu (Expert) 27 August 2010
In my humble opinion you should file rectification petition under section 155 of the income tax. You will get the refund.


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