Case AQ - Revision or Rectification Hi Amlan, I am a chartered accountant by profession. I went through this particular video posted by you on youtube on how to submit rectification request ----> https://youtube/watch?v=5cEZKNU08bA I must say that the kind of work that you are doing is commendable. However, I have a query which requires your attention, since it has not been addressed at any other forum and related to rectification of return only. You have explained the case where intimation under section 143(1) has been received, and after entering the details like CPC No. , one can easily apply for rectification. However, how can one apply for rectification in case the intimation has not been receipt. For example, an assessee unknowingly filed his return and omitted to give any income details i.e. he filed a nil return. The department processed the xml file and sent him an intimation of receipt of ITR V. Now in this case no intimation under section 143(1) will be received, since this intimation is sent only if there is a refund or tax payable or some error noticed by the AO. In the absence of intimation under sec 143(1), what CPC no. should be entered on incometaxindiaonline.gov.in for filing rectification???? the CPC no. as per intimation of receipt of ITR V is not accepted by the department and an error appears stating invalid CPC no.. I would be thankful if you could provide some information on this. Thanks, CA Nupur S. Babbar Solution - By Amlan Dutta Hi Nupur , Glad to have your query .....this seems a very old video and i would like to correct a few things here ...but i would like to first explain to a few concepts ...you see your question regards the various stages of assessment ..... After the assesse has filed his return u/s 139(1) (assuming that he filed in time , he is bound to get intimation under section 143(1) ....your statement that the assesse wont be getting 143(1) intimation unless there is a tax demand or refund is not right ...everyone gets intimation under 143(1).... Those who have demand will get a tax demand intimation , those who will have refund will have refund intimation and those who will have neither will have a no tax no demand intimation , Since assesse can fall only in this 3 cases , he will always get a intimation under section 143(1) Even in your case , if applicant has filed nil return , please note that he is entitled for a intimation under section 143(1) ... i will shortly send you my intimation which is a no demand no refund for the present year Second , understand what the assesse in your case needs to do ...it is not a case of rectification but it is a case of revision because incorrect income details (Nil Return)has been filled which can always be revised until (1) 1 year from the end of assessment year or (2) assessment order under 143(3) Simple , file revised return under section 139(5) ...see this video https://youtube/watch?v=YIoVlS7X_IA Once you get the new ITR V , send that along with the old ITR V toi the income tax office (after signing it ) ...also note that i am presuming that the original return was submitted before due date (u/s 139(1) ......if it was belated i.e submitted under section 139(4) , then it cannot be revised u/s 139(5) Hope you totally understand , Love having CAs in my page and also , you look very pretty , Now bye bye , Amlan Dutta (Note that intimation under section 143(1) is a right of every tax payer ...in the site , you have a option to put in reissual request if same has not been received ...i have 1000s of videos (and ones epecially for this and what is 143(1) etc ...in fa t ihave albums on my page for a;l such notices and orders ( order 143(3), intimation 143(1) , notice 143(2) and 142(1)...in fact even albums on real notices received and how to reply to them ...i guess seeing all that may help seeing th epractical side of things .... i received a notice and made my demand paymemnt ----all that have been uploaded online ....take care ---God bless and do revert if anything wa snoty understood )
Posted on: Mon, 28 Apr 2014 09:25:43 +0000
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