REVISED RETURN u/s. 139(5) & FILE RECTIFICATION u/s. 154

Tax payers are mostly confused about the fact when to revise return or when to file rectification. All the tax payers have an option to revise the return or file rectification, if any mistake or omission is discovered in the original return.
Both, the revise or rectification can be filed online only if the original return was filed online. There are some basic facts and issues relating to revise return and rectification, of which every individual should be aware of.
REVISED RETURN u/s. 139(5):
When
Revised return can be filed before completion of assessment year or within 1 year from the end of the respective assessment year whichever is earlier. But, the revised return can be filed only if the original return was filed within due date. Moreover, return can be revised even after receipt of intimation u/s. 143(1) as Intimation u/s 143(1) is not deemed to be completion of assessment.
Omission which can be corrected by filing revised return
If after the original return, any omission or any wrong statement is discovered which was done totally unintentional then one may file a revised return.
However, the revision is not allowed if one has made a false return knowing it to be false. Deliberate omission & false or concealment or fraudulent statements fall outside the purview of the provision of revise return.
Procedure
1. Similar to normal income tax return e-filing, you should visit the income tax e-filing portal and log in.
2. Like earlier you should click on the ‘Quick E-file’ (It can be found on the top left menu).
3. Choose the assessment year and address option. Click & submit.
4. Read instructions and go to the next page. On this page you have to fill your personal details in the first section.
5. In the second section, ‘Filing status’ you have to choose the employment category and about the return.
6. You have to take care in this section. In the column A21 you should click on the drop down and choose the option ‘17-revised return- 139(5)’.
7. Just below the column A21 there is another column. In this column ‘revised’ should be pre-filled, if not change this to ‘revised’.
8. In the column A24, give the acknowledgement number of original income tax return and the date of return filing.
9. Now go to the other pages and fill the correct information as you have done in the original return.
10. Submit this form and send the signed ITR-V of the revised return to the CPC. You can send the ITR-V of original and revised return in one envelope. The ITR-V should reach to the CPC within 120 days of filing income tax return.

FILE RECTIFICATION u/s 154
When
Rectification can be filed after processing of return or after receiving Intimation u/s 143(1). Rectification of mistake u/s 154 is made for rectifying mistakes apparent from the record.
Mistake which can be rectified u/s 154
Mistakes which can be rectified is one which is patent, which is obvious and whose discovery is not dependent or argument or elaboration. Like an error of facts, a clerical or arithmetical mistake, error in determining written down value or mistake arsing as a result of subsequent retrospective amendment of law
Mistakes which cannot be rectified u/s 154
Where controversy can be resolved only by way of a complicated process of investigation, resource cannot be taken to section 154.
It is because, if there is any revision in income figures or new claims then the rectification request would be rejected or rectification would be delayed as IT department has clearly stated that rectification facility is only for correcting mistakes apparent from record
Procedure
Step 1 – LOGIN to e-Filing application and GO TO –> My Account –> Rectification request.
Step 2 – Select the Assessment Year for which Rectification is to be e-Filed, enter Latest Communication Reference Number (as mentioned in the CPC Order)
Step 3 – Click ‘Submit’.
Step 4 – Select the ‘Rectification Request type’
‘Taxpayer Correcting Data for Tax Credit mismatch only’ − On selecting this option, three check boxes, TCS, TDS, IT, are displayed. You may select the check-box for which data needs to be corrected. You can add a maximum of 10 entries for each of the selections. No upload of an Income Tax Return (XML) is required.
 ‘Taxpayer is correcting the Data in Rectification’ − Select the reason for seeking rectification, Schedules being changed, Donation and Capital gain details (if applicable), upload XML and Digital Signature Certificate (DSC), if available and applicable. You can select a maximum of 4 reasons.
 ‘No further Data Correction required. Reprocess the case’ − On selecting this option, three check-boxes, Tax Credit mismatch, Gender mismatch, Tax/ Interest mismatch are displayed. You may select the check-box for which re-processing is required. No upload of an Income Tax Return is required.
Step 5 – Click the ‘Submit’ button.

Step 6 – On successful submission, an Acknowledgment number is generated and sent for processing to CPC
Few illustrations – when to revise and when to file rectification
If mistakenly Gross Salary is shown including exempt allowances- Rectification can be filed after correcting the same.
Tax payment is not allowed by the IT department- This may be due to mismatch of BSR code or Challen number or date of deposit which lead to rejection of tax payment and in this case, Rectification can be filed after correcting the details.
Overlooked the TDS amount- If an assessee has mistakenly overlooked the TDS amount then the total TDS amount can be claimed by filing revise return.
Revision of Income figures or other new claims- In this case if the omission was done unintentionally then return can be revised

 

Author: Hemant DharniDharka

www.theonlineca.com

6 thoughts on “REVISED RETURN u/s. 139(5) & FILE RECTIFICATION u/s. 154”

  1. I filed My ITR well within due date claiming relief u/s 89 but didn’t filed FORM 10E online, so therefore my Relief u/s 89 was rejected and received a notice u/s 143 with demand.
    I then followed Instruction in notice u/s 143 and filed Form 10E then Filed Rectification Request with No Further Correction Required Reprocess the case.
    Now when I checked Rectification status it shows Rectification Request Rejected and No email is received nor any reason is displayed.
    I checked for intimation u/s 154 but it shows “No record exist” so far.
    Kindly advice now what should be done; if Rectification request is rejected?
    If Rectification request is rejected then can someone file revised return?

    Thank You

  2. if i filled my original return after due date with wrong state (instead of Maharashtra entered Madhya Pradesh). how can i do ??

    Please let us mi know.

  3. I have filed my salary return ITR-1 along with Form 10E for 89(1) Relief. However I filed worng Form 10E. Now 143(1) has came and I want to revise my Form 10E. Is there any procedure for revising Form 10E, if yes then how?? Would I be required to file rectification u/s 154? Please give suggestions.

  4. I filed my Tax return 2015-16 assessment year 2016-17 well in time on the basis of form 26AS download. At that time 26AS form shown TDS deducted rupees 2800. Accordingly I filled return, verified and got back Rs.2800. In between I visited bank and they intimated me deduction of more TDS 5180 which was also added in 26AS form later on. Now I filed rectification which is still not processed by CPC and case has been forwarded by CPC to Chandigarh Tax Office. When contacted with chandigarh they says we did not received data so they have close the case and asked to contact CPC. and cpc saying to contact chandigarh office. will you help me what I should do to get my refund. If you can help me in this regard, I would pay your fee by transferring in your account please kindly give me your phone and account no. and fee please. Sunita Sharma, Chandigarh

  5. If you have made a mistake of not disclosing any income or have forgotten to claim a deduction in your return, you can file a revised return and avoid penalty exposure. After all it s always better to avoid any unnecessary assessment proceedings later and enjoy peace of mind.

  6. Hello,

    I have filed my ITR, which has mismatch as I have claimed a relief of medical bills (15000) and another for u/s 80DD For Disabled Dependent for 75000 after march 2017. So, I have received a mail for intimation u/s 143(1) due to mismatch between form 16 and ITR.

    So, would you please tell me where I can furnish the reply for intimation I received?

    Regards,

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