Case Law Details
Though the Income Tax Department made a provision for electronic filing of returns, it appears that the ITR-V Form containing the due verification of the return of the assessee was required to be remitted only by ordinary post. The instructions which were furnished to assessees, a copy of which has been placed on record, specifically stipulate that the ITR-V form should not be sent either by registered post or by speed post or courier.
The assessee has furnished adequate material before the Court in support of its contention that having filed the return electronically, it had also submitted the ITR-V form by ordinary post. The assessee has done so on 5 April 2010, 18 May 2010 and 18 November 201 0. In that view of the matter, we are of the view that the communication issued by the Income Tax Department on 21 March 2011 is thoroughly misconceived. The order of assessment for assessment year 2009-10, the Court is informed by the learned Counsel for the assessee, has still not been passed. Hence, the provisions of Section 139 (9) can be fulfilled by permitting the assessee to file a verification of the return before the Assessing Officer within a period of one week from today. Learned Counsel appearing on behalf of the Petitioner states that this would be done without any delay and in any event within a week. In that view of the matter and with the aforesaid direction, we quash and set aside the impugned order dated 21 March 2011.
In the Bombay High Court
Crawford Bayley & Company
Vs
Please become a Premium member. If you are already a Premium member, login here to access the full content.
my ITR acknowledgement is rejected due to late in submission (not dispatched within 120 days). what is the solution for this ?
Kindly note that despatch of ITR V by Speed Post mode is allowed – you may check the ITR V itself. I have myself been filing several ITR V Forms by Speed Post and the acknowledgments are duly updated on the site.
I HAVE TRANSMITTING THE DATA IN THE RETURN ELECTRONICALLY ON 29/03/12 IN WHICH IHAVE NOT PUSHED BUTTON OF CACULATION THEREFORE RESULTIN COLUM TOTAL IN SALARY RS 144000 WAS CACULATE IN INCOME WHILE IHAVE NOT RECIVED ANY SALARY INCOME. AFTER THAT I HAVE SEND REVISED E RETURN BUT TILL TODAY IHAVE NOT SEND BOTH VERIFICATION OF THE RETURN IN RETURN FORM V. CAN I FILE THE CORRECT RETURN IN APAPER FORM. OR BEST SOLUTION. MYTOTAL INCOME WAS RS120000 WHILE DUE TO CLERICAL MISTAKE(NOT PUSH OF CALCULATIN BUTTON)INCOME CALCULATE RS 121000+144000=261000. WHAT SHOULD IDO BEST
Comments of MR,V.S. Rajagopalan appears to be correct . The work of outsourced agency requires monitoring .
CA. Subhash Chandra Podder
28/12/2011
In a similar situation the AO rejected the second ITR V submitted stating that it was received late.
Subsequently a revised return was filed. After that an ack was received informing the receipt of the first ITR V in time and also the assessment order for the same. Now the assessee is confused whether to send the revised ITR V to Bangalore or not. This is how even the outsourced agency is working.