An assessee who is required to file a return of income is entitled to revise the return of income under Section 139(5) of Income Tax Act, 1961 originally filed by him to make such amendments, additions or changes as may be found necessary by him. Such a revised return may be filed by the assessee at any time before the end of the relevant assessment year or before the assessment is made whichever is earlier (upto A.Y 2017-18 the return can be revised at any time before the expiry of one year from the end of relevant assessment year or before the assessment is made whichever is earlier). Section 139(4) and 139(5) – Time limit for filing belated return reduced
However, if a person deliberately files a false return he will be liable to be penalty u/s 271(1)(c) upto A.y 2016-17.(wef A.y 2017-18 penalty shall be levied under section 270A and Assessee may be imprisoned under section 277 and the offence will not be condoned by filing a revised return.
As per Section 139(5): a revised return may be filed by the assessee at any time before the end of the relevant assessment year or before the assessment is made whichever is earlier (upto A.Y 2017-18 the return can be revised at any time before the expiry of one year from the end of relevant assessment year or before the assessment is made whichever is earlier. Thus return of A.Y 2018-19 can be revised till 31st March 2019 or before the completion of the assessment whichever is earlier and return relating to A.Y. 2017-18 can also be revised till 31.03.2019
Point to Remember for filing of Revised Income Tax Return under Section 139(5) of Income Tax Act, 1961
1- Revise Income Tax tax returns can be filed under Section 139(5) of Income Tax Act, 1961 before the end of the relevant assessment year or before the assessment is made whichever is earlier (Up to A.Y 2017-18 revise return was allowed to be filed before the expiry of one year from the end of relevant assessment year or before the assessment is made whichever is earlier). For the financial year 2017-18 one can file the revised return up to 31st March 2019.
2- You can’t Revise Your Income Tax Return under Section 139(5) of Income Tax Act, 1961 if income tax department already did the assessment of your return.
3- If you missed any deduction or income in the return you can Revise Your Income Tax Return.
4- If some information come to your knowledge after filing the Income Tax Return You can Revise Your Income Tax Return.
5-The receipt no. & the acknowledgement no. is must for revision of Income Tax Return under Section 139(5) of Income Tax Act, 1961.
6- Revision of Income Tax Return under Section 139(5) of Income Tax Act, 1961 is allowed only if the omission was unintentional. The benefit of Section 139 (5) cannot be claimed by a person who has filed fraudulent returns. Section 139 (5) will apply only to cases of ‘omission or wrong statements’ and not to cases of ‘concealment or false statements’. Once you revise your Income Tax return, the original stands withdrawn. If the omission(s) in the original Income Tax return is intentional, the assessee will be penalised
7-No need to pay interest u/s 234A if any tax due, but you have to pay 234B, 234C interest if due
8- you can only revise the return if the original one was filed on time. Belated returns cannot be revised. However wef from A.Y 2017-18 belated Income Tax returns under section 139(4) can also be revised.
9- You can file a revised Income Tax return only in case of ‘omission or wrong statements’ and not for ‘concealment or false statements’
10- Income Tax Returns under Section 139(5) of Income Tax Act, 1961 can be revised when filed pursuant to notice under Section 148 as it is provided u/s 148 that for such return all the provisions of section 139 shall apply.
11- You will have to cough up 100 to 300 per cent of tax due as penalty for concealing income (W.E.F. A.Y. 2017-18 the penalty shall be 50 percent of tax payable on under-reported income and 200 percent of the tax payable in case of mis-reported income
12- If the Income Tax returns are revised before the notice under Section 148 is issued, then there is no penalty.
13- If income was hidden in the original return and is revised and disclosed after the assessing officer pursued it, then a penalty is levied. If the revised return shows a higher income than originally declared, a penalty may or may not be levied.
14- Revised returns have a higher chance of landing a scrutiny letter from the I-T department.
15- To file revised returns, one can use both the online and physical methods. However, you can revise returns online only if you have filed the original returns online and have the 15-digit acknowledgement number. You cannot, otherwise, file returns online. The I-T department searches for the original details once the returns are revised. On not finding the original return, an error is shown. Therefore, it may be wise to revise in physical form.
16- If the taxpayer has revised return after the survey and it was has found that the mistake in the original return was not bonafide then levy of penalty is justified.
17- If some income was concealed in the original return and revised return disclosing such income is filed after the AO has unearthed such undisclosed income then penalty can be levied.
18- If the asseessee after the search filed the revised return declaring higher income than declared in original one, to buy peace of mind and to avoid litigation then penalty cannot be levied .
19- If the taxpayer has declared higher income in revised return of his own and there is nothing to prove that the taxpayer had concealed income malafidely then no penalty can be levied.
20- If the asseessee after the search filed the revised return declaring higher income than declared in original one, to buy peace of mind and to avoid litigation then penalty cannot be levied.
Text of Section 139(5)
If any person, having furnished a return under sub-section (1) or sub-section (4), discovers any omission or any wrong statement therein, he may furnish a revised return at any time before the end of the relevant assessment year or before the completion of the assessment, whichever is earlier.]
(Republished with Amendments)
My earlier employer deposit my TDS for FY 2020-21 on Oct’23, can I revise my return under sec 139(5).
Please advise.
I have filed return u/s.139(1) in time. At the time of filling, the TDS amount was omitted for claim. This mistakes was found only after completion of assessment u/s.143(1). Kindly clarify whether I can filed revised return u/s.139(5) or not.
I have filed my ITR (Audited) of A.Y. 2021-22 on last date i.e. 15th March in which I incurred capital and business lossess……. Afterward to correct some mistakes I have filed a revised itr on 28th march ….. But after few days from revising itr I have received intimation in which department has disallowed my business and capital by replacing my original itr with revised and stating that it is filed after due date mentioned in 139(1).
Please suggest any solution…..
Sir I have total income in 2020-21 523000 after all my deduction I have withdrawn my all EPF. And in itr of 2019-20 I have claimed pf in 80c instead my total income is 314000 and now I can file revised itr for 2019-20 to remove PF 80c claimed. Is it valid or not ?
Is penalty is applicable in case of revised return u/s 139/(9) in A. Y. 2920-21
HAI SIR,
MY ACKNOWLEDGEMENT NUMBER IS (#921 409). MY FY 2019-2020. HOW LONG WILL IT TAKE MY CASE SIR.IT ‘S ON THE WAY.WHAT IS THE DUE DATE MEAN. MY CASE TIME START OR AND.IS IT ENDING TIME .PLEASE RE OPEN MY CASE.PLEASE.
YOURS FAITH FULLY,
MEKA. VIJAYA LAKSHMI.
Sir, I have filled my IT return for A.Y. 2019-20 on time but As I am a contractor so I have to show more turnover then the amount stated in GST return, thus there is a missmatch of information between the two. My GST sales during the yr is around Rs. 22,00,000 but I have showed Sales of Rs. 65,00,000 in IT, as the time to revise the retrun is extended till Sept, 2020, so what should I do as I want to rectify the sane without attracting any penalty. Please help me.
My freind (Accountant) had filed my ITR 4 Twiced for same F.Y 2018-2019… as my first time ITR was successfully filed on August 2019. But after a couple of months I got a mail that my ITR is Invalidated. I told him to rectify the return, he told that no notice showed in ITR portal and the ITR is Invalidated. And he was trying to re filing the same with that acknowledgment number but error occured that acknowledgment number is wrong… hence he filed the return under 139(4) with 1000 rs. Fine (also filed without deposited fine).. Therefore in Income tax portal TWO ITR4 is showing in 2018-2019, one is Invalidated and other is successfully filed without deposited rs. 1000…. WHAT TO DO PLEASE HELP ME SIR?????
Once intimation (system generated) is received under section 143(1)/or even refund is credited to assesses, can anybody revised his ITR1 under section 139(5) in Sept. 2019?
HI, I need to file revise ITR, i have filled itr online. i have acknowledgement number, but i need recipt number for filing revised itr, so please tell me how to find receipt number.
regards
I am getting an error “due date for filing this itr under selected return filing section is over” when I am resubmitting the return for 2018-2019 under 139(5), any idea how I can resubmit the return please..?
i filed the wrong address in revised return for AY 19-20 can i revise it again .. or not
Sir , My query is reg the IT Return made for FY 17-18 [ AY 18-19] . The CPC has issued the assessment u/s 143 in MAY 2019 , and asked for a DEMAND for Rs 1.02 Lakhs . I have noticed that the TAX Deducted by the buyers of the property which appears in my Form 26AS has not been taken into account by the IT Deptt while assessing and this has resulted in DEMAND raised by them. What should i do to get the necessary correction done by the IT authorities for the correct assessment done and get the refund .
Hi! there.
I was working as Freelance IT Support Professional and have been filing returns regularly. Previously I’ve use ITR-4 /ITR-4S to file my Income Tax Return
Now, I have got full time government job in Mar-19 and stopped my freelancing work.
Which return form should I use for AY 2020-21? ITR-1 as a salaried employee or I can’t change it from ITR-4 as I was a Professional earlier. Do I need to give any kind of proof that I am a salaried employee?
Please advise.
Regards
The tax auditors has reported entire ESIC contribution (i.e. employer and employee both) in their tax audit report. As per the provision of the act only employee contribution is disallowed if not paid withing due date of the said act. In ITR the said disallowance has not been shown and the department has issued a notice u/s 143(1)(a) asking tax on disallowance part. Later on Revised tax audit report has been submitted after correcting only employee contribution to ESIC but the assessee is unable to upload revised ITR-3 and following message is showing on screen;
“Mismatch of Audit Flag Selection 44AB in XML and Application. Pls rectify”
Pls advice.
The tax auditors has reported entire ESIC contribution (i.e. employer and employee both) in their tax audit report. As per the provision of the act only employee contribution is disallowed if not paid withing due date of the said act. In ITR the said disallowance has not been shown and the department has issued a notice u/s 143(1)(a) asking tax on disallowance part. Later on Revised tax audit report has been submitted after correcting only employee contribution to ESIC but the assessee is unable to upload revised ITR-3 and following message is showing on screen;
“Mismatch of Audit Flag Selection 44AB in XML and Application. Pls rectify”
Pls advice.
Regards,
Shashi kant Shahi
Sir, Can we file a revised return after getting the intimation u/s 143(1). I have received this intimation due to the fact that I have wrongly filed the return for the FY 2016-17 year in which I did not receive the salary since I am out of India. During AY 2017-18 I did not receive any salary in India but I have mistakenly filled the wrong ITR.