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)
I am filing a revised return (before due date since there was a mistake in calculation.
My query is
1. Do I need sign and submit the original and revised return to CPC Bangalore.
OR
2. I can only sign the revised return and mail it to CPC Bangalore. –
dear sir
whether the return can revised from itr 4s to itr 4 ( original return filed itr 4s and now the same change to itr 4)
I am filing a revised return (before due date_ since there was a mistake in calculation. My query is
1. Do I need sign and submit the original and revised return to CPC Bangalore.
OR
1. I can only sign the revised return and mail it to CPC Bangalore.
Tax return filed by me for AY 2013-14 found defective ( I came to know only now).Is there any chance for me to file a revised return and claim the refund
I am an individual assessee, I had submitted my incometax return ITR-1 of the A Y 2011-12 on October 2011 in incometax office, due date of submitting the return was 31 july02011. By that time I had not received Form-16 from the employer, so I could not submit my return in time/ before due date. I had submitted my return by putting a wrong excess income by mistake. After wards I got form-16 and submitted the correct revised return of reduced correct income along with a letter and computation of income in April 2012. Refund of Rs12000/- works out to be payable to me. My return was assessed in May 2012, i.e. after submitting my revised return. I got the assessment order in October 2012. ITO told “ since you had submitted original return after due date therefore it cannot be assessed and no refund be given. And given demand note of Rs. 1000/- to pay the penalty for depositing Return late, i.e.after about 2months of due date. Please tell can I get refund of excess tax deposited ? How can I get it?
Hi,
I have Not received any notification regarding U/S 139 (9) for the assesment year 2013 , however in the income tax e filing website the same is shown as defective notice sent 6 months back -U/S 139 (9) for the financial year (2013), the only information i had received is that my file is sent to AO for processing afterwards i have neither received any notice nor any reminders for the same (i believe the Notice and reminders are being sent by email, as i have changed my residence)
Please let me know if i can submit the rectified returns now without any penalty or i should contact the CPC for getting the notice
Thanks
Amit Bandekar
I have changed my company in between the FY and had 2 Form16 (1 I got in Dec from prev employer after the some hickups), but i filled the ITR with one of the Form16.And accordingly got the amount paid back in my account as it was deducted more than the tax payable – this was based on salary income I have shown from one Form16. but now as I have both forms, so i filled the revised ITR and also paid the extra amount that stands on me. Can you please advise do I will be penalised for this and how much I have to pay back for the refunded amount.
I have filed 2012-13 ITR with the wrong salary taxable income. I got a demand notice under 143 (1), Now the AO says the time to submit revised return is not possible as the time is over.
Please suggest how to proceed with the request.
Dear Sir / Madam,
2014 – 2015 ITR status is showing 139(9) of the income tax act 1961 error msg, after that next staus Your e return is in progress kindly wait for CPC communication mail, but still i did not get any mail from CPC. So i have revised the ITR file and uploaded. when i get the refund amount??
Sir,
My tax consultant has wrong filled the income tax return for A.Y 2010-11 in the form A.Y.2009-10 he told that it was done because of no availability of forms for A.Y.2010-11 but all the details are filled for 2010-11 and for A.Y.2009-10 my refund is already processed and refund is received we have submitted the rectification request but it not accepted by income tax office in pune and given reply it was a attributable offence onthe part of asse. I am sr.citizen and suffering from heart problem and one year back i had by pass operation .The refund amount is around rs 35000 pending pl suggest what to do we also submitted the all medical records to income tax office in pune.There is not reply from there side till date. pl mail the reply to drkulkarni06@gmail.com as early as possible
Dear sir my refund for the yr 2013-14 is showing defective under sec 139(g) of incometex act 1961. What can i do to receive my refund.
dear sir i want to say that regarding i cant e filling my assessment yr 2012-13 itr online can u give me suggestion for me thanking u pz
Dear Sir,
While filing my I.T Return for A.Y 2014-15, I wrongly selected the assessment year 2013-14 instead of 2014-15. Later i received a intimation letter u/s 143(1) demanding an amount to be payable comparing the tds of 2013-14. What is the procedures I should have taken to handle the situation. Kindly reply ASAP.
Regards,
Shibu
HOW TO CANCEL A REVISED INCOME TAX RETURN
Hi,
I filed a revised return and sent the revised return ITR only as i was not aware that i even the original needs to be send along. i received the acknowledgement receipt for the same but no refund has been credit yet.
Kindly suggest what needs to be done.Should i send it again along with original ITR.
Dear All
State Bank of India deduct TDS on Interest for the F.Y.2008-09 & issue certificate to assessee but Bank not to mentioned Such TDS amt. in their TDS return file, after lots of process of assessee with bank, Bank has deposited such TDS amt.with principle amt. in the f.y.2013-14. & now it is shown in 26AS
So my question is that How can I take refund of such amount.
please do the reply
I received an “139(9) defective return notice” for AY 2013-14. My employer had deducted Rs. 8,867 and Rs. 531 additional tax had been paid by me through 280 bank challan. In addition, I filled up corrected return which was uploaded on 30/04/2014. But, I have not received any intimation and the same defective notice is received on 28/10/2014. It has been observed that some interest calculation (around Rs. 75) has been done on the additional tax and due to which I paid an additional tax of Rs. 100. Now, how can I filled up the form? Will I fill up a revised return or original return? Please help me…and guide me the steps….
I got a notice under Section 143 (1) informing me of some TAN numbers not matching. So I filed a rectification request. After doing so I realized that there are a couple of TDS amounts which I forgot to mention in the return but they were now being seen in 26AS. Immediately (on the same day) I filed a revised return. This revised return has proper TAN numbers, so it includes the information given in the rectification request. Now, the question should I let the rectification request be, or should I withdraw it? I have 7 days time left.
– NSS
I have two questions?
I have filed a return of AY12-13 on time and my order of refund has been processed.
By Mistake a digit of bank account entered has been mistyped and thus wrong bank account number has been provided in the return.
I have got an intimation for failure of refund.
While I am following the procedure for reissue request on the income tax site, it is not asking about the bank account field.
Question 1: What is the procedure for making the rectification of wrong bank account entered in the return? Does a simple application to the department will work? If so, addressed to whom and which address.
As the assessment is already complete rectification cannot be made.
Question 2: As the details are copied from the previous return, the same mistake is taken over for AY-13-14 as well. In this case what’s the procedure for rectifying the bank account number? Do I have to provide any application to the department in this regard or I have to file the revised return?
What does completion of assessment means. Is it getting information U/S 143(1) by assessee by Income Tax department or passing notification/order by Income tax department.
My IT file is lost. Both form no 16 and Acknowledgements and ITR received from IT authority also were in that file. Now I want ITR for the FT 2011-2012 and 2012-2013 for banking purpose. Please guide me from where I will get this.
Thank you
Dear Sir,
By mistake I entered the returns of the financial year 2012 13 in the place of the Assessment year 2012 13. So now a fine with balance payment of around 25000 has come from Income tax Department. What should I do to revise the returns? Actually I have already submitted the tax. Please help.
Thanks & Regards.
Amal Vijayan.
I had submitted my return through e-filling for the assessment year 2012-13 within due date claiming certain amount of refund. Accordingly, assessment had done and IT Dept. paid my refund on 12.09.2014.
On careful checking, I understood that there was some mistake during calculating and submitting return on my behalf. As a result, the excess amount of refund was received by me from IT Dept.
Kindly let me know should I return the excess amount of refund to the IT Department and how?
Rajkumar
Dear Experts,
Sub: IT Rectification for tax credit mismatch due to selection of incorrect AY – Reg.
While filing ITR, I have wrongly selected the AY as 2012-2013 instead of 2013-2014. Due to which an intimation u/s 143 has been raised on 24-07-2014 due to tax credit mismatch and subsequently intimation under 245 sec has been raised on 31-07-2014.
As the Rectification rights have been transferred to local Jurisdictional Assessing officer. I have met AO, he said he doesn’t posses the right to change the AY. Kindly let me know how to proceed further.
Regards,
Naresh
hi team, I submitted my ITR-1 for AY 2014-2015 and on 26-7-2014 with due of 20 rs tax. and in IRT-V its reflection like Tax Payable (6-7e) —20 rupees. So kinldy let me know how I can fill tax and correct it, or can I send it as usual ???
have filed Income tax return for FY 2011-12, with in due date. Now I realized that there is some refund for which i am eligible, I can I file Revised return. Similarly for FY 2012-13, I have filed return. I got Refund of Rs 230. But I am eligible for Rs 8000, Can I file revised return?
i filed my income tax return for the assessement year 2012-13 manually. after a year i got my refund which was lesser than what was due. so i contacted my office clerk for the same to check whether there is any discrepancy in my TDS. at that time it came to my knowledge that my gross salary was calculated more (16 A) than i actually got while the form 26As showed my correct gross salary and TDS. so there was calculation error of my gross salary.
then i tried for filing a revised return but as the time period of filling my revised return has lapsed i was not successful. kindly help me or suggest me any solution you have. otherwise i have to face loss of my hard earned money due to the mistake of my office clerk.
please help me
i file income tax return for the Assessment year 2013-14 on 18/09/2014 for audit case my case selected income tax scrutiny income tax issue notice u/s 143(2) can i revise that return
Dear Sir,
While filing my I.T Return for A.Y 2013-14, I wrongly filed Return in Form for A.Y 2012-13. Later i received a intimation letter u/s 143(1) demanding an amount to be payable without taking into account my TDS creditable for the current year. What is the procedures I should have taken to handle the situation. Kindly reply ASAP.
Regards,
Hi, I got one INTIMATION U/S143 ( 1 ) OF THE INCOMETAX ACT,1961.
It is for financial yr 12-13
I have paid income tax of Rs.16000/-through my employer. It is also reflected in form 26AS. However, while filing E return, it is noted in SELF ASSESSMENT TAX instead of TDS. In intimation it is kept blank. and demand raised for the Income tax of Rs.15830/-i.e. actual Tax. I have made rectification for two times but the status is RECTIFICTION PROCESSED. DEMAND DETERMINED
Now wanted to know should I go for rectification or should I file revised ITR. Also wanted to know how to generate XML file as it is required for submitting rectification form.
– See more at: https://taxguru.in/income-tax/revised-return-section-1395-income-tax-act-1961.html#sthash.5Qv81FAk.dpuf
I have filed my original itr on 4-aug-2014.
I forgot to mention my US salary in income page of itr2. I fall under ROR category. So I revised my filing and included my US salary in the revised return on 16-August-2014 I payed self assessment challan to Indian govt based on my revised calculation. I have sent my itr-v original n revised to Bangalore.
Will my revised return be accepted? Or will that be considered as belated. If my revised return is not acceptable what is the next thing I need to do .
Hi, I got one INTIMATION U/S143 ( 1 ) OF THE INCOMETAX ACT,1961.
It is for financial yr 13-14.
Now wanted to know should I go for rectification or should I file revised ITR. Also wanted to know how to generate XML file as it is required for submitting rectification form.
dear sir ,
i have filed excess tax refund in the last assesment year. and i have received the refund. now i have realised that was excessive amount i have claimed refund. what should i do now to avoid further complications
Sir i filed income tax return on30.7.14 on line tax payable I am an employee of BSNL. THEY HAVE DEDUCTED TAX OF 77345. BUT WHILE FILING ON LINE IT SHOWED A PAYABLE BALANCE OF 4569 BECASUE THE DEDUCTED TAX WAS NOT UPLOADED FULLY BY THE EMPLOYER. BUT BY MISTAKE I SUBMITTED IT.
AGAIN I FILED THE TAX BY DOWNLOADING ITR1 AND MENTIONED REVISED SECTION AS 139 (5) . THIS TIME IT IS OK BUT I WANT TO KNOW WHETHER THE SECTION I HAVE SELECTED IS CORRECT OR NOT PLEASE – See more at: https://taxguru.in/income-tax/revised-return-section-1395-income-tax-act-1961.html#sthash.3eJsUlJZ.dpuf
Dear sir,
we filed Mr.X return after due date in A.Y.2013-14. recently we found in 26As A payment received by way of compensation from A Company which under take Govt Project.can i file Revised Return Now
Dear Sir,
I have I (Individual) filed income tax return as per the income tax norms and I have received acknowledgement from the IR dept.
can I file revised return now to change the address ?
Please guide me.
Best Regards,
Arul. A
In my case tax has been deducted as per required by my employer but due to some fault it was reflected less in farm 26AS at the time of return filing on line it was shown less Rs.1730/- so tax was deposited and the return was filed in time. Now the employer re issued the Farm 16 and said it will be uploaded on income Tax depat.’s site. should i file the revised return for get refund of tax deposited and under which section.
Can i file the revise return,if i already posted my original return to Banglore IT department.
Or can i File the revise return if I am not posted the Original return to Banglore IT department.
I filled wrong details in the incomde section and submitted the xml. I need to upload the corrected XML, please let me know the way
regards
B G Ravindranath
Sir i filed income tax return on30.7.14 on line tax payable I am an employee of BSNL. THEY HAVE DEDUCTED TAX OF 77345. BUT WHILE FILING ON LINE IT SHOWED A PAYABLE BALANCE OF 4569 BECASUE THE DEDUCTED TAX WAS NOT UPLOADED FULLY BY THE EMPLOYER. BUT BY MISTAKE I SUBMITTED IT.
AGAIN I FILED THE TAX BY DOWNLOADING ITR1 AND MENTIONED REVISED SECTION AS 139 (5) . THIS TIME IT IS OK BUT I WANT TO KNOW WHETHER THE SECTION I HAVE SELECTED IS CORRECT OR NOT PLEASE
While filing itr by mistake I have clicked on submit button without filling net income.
So the tax amount paid is reflecting in refund column in itr form.
I have not posted the form yet.
what should I do?
Can I file Itr again for same assesment year or the only option is rectification request?
Please guide the whole procedure to be followed
I submitted my returns for AY 2014-15 through e-filling on 15/7/14, while entering the data in quick e-filling I forgot to enter income details, but tax details are entered and submitted ITR – V generated to sent to my email. Later I conclude that it was wrong, because it shows refund amount in my acknowledgement.
Later I revised my returns under 139(5) section again acknowledgment generate and sent to my mail.
Now I have a doubt which acknowledgement should be sent to CPC office either old acknowledgement or new (revised) acknowledgement please help in this regard.
hi,
i have filled my itr-1 for 2014-15,but i have fill wrong e-mail id ,so does it creates problem in ITR-V.
Please guide me what should I do?
How can I change mail id ?
hi,
i have filled my itr-1 for 2014-15,but i have fill wrong e-mail id ,so does it creates problem in ITR-V.
Please guide me what should I do? should i fill revised return?
How can I change mail id ?
Dear Sir,
While e-filing my IT return for Assessment year 2008-09, I did a mistake..
Being first timer, I downloaded 2007-08 instead of 2008-09.
Secondly, during Assessment year 2009-10, my deductor deposited the tax of 1 quarter in A N XPG7652C instead of A H XPG7652C..For this, I have been served a demand notice by IT deptt.
My 26AS statement is not matching with the Form-16 supplied by company.
Please suggest what to do ?
Company is doing nothing..
hi,
i have filled my itr-1 for 2014-15,but i have fill wrong city name in my address ,so does it creates problem in ITR-V.
Please guide me what should I do? should i fill revised return?
AY2013-14,DEMAND OF INTEREST UNDER 234A for RS seventy only has been paid online today,Now what to do further. How to inform INCOMETAX deptt online in order to connect their CPC REFERENCE NUMBER
Sir please help me, that i have wrongly submiited zero income. by clicking submit button online, how could i revise, it means when to revise return before sending ITR to dept or after sending to CPC bangalore. please advise me. any penalty please ?. i have net income of 1,50,000/-
by mistake i have push sumbit button while preparing return for the a/y 14-15 (i have file it on 05.06.2014).in this return by mistake i have not show my gross salary. so tax paid amount is showing. since tax paid amount is appering and there is no gross salry (which by mistake i have not put )in result refund amount is showing same tax paid amount.how to rectify the mistkae while filleing revised retun under which clause of itax i have to file it in due date
How to form capital without giving tax on it.Can i take my money in the form of gift and make it capital.