Belated filing of return in name of wrong assessee

[Shama Sarin]

Our assessee has filed his HUF capital gain income under the head othersources unknowing of the consequences.We couldnot revise the return too as it was filed after the due date.Now the case is in scrutiny & the department is contending that there is income escapement of capital gains.How can we prove that the erroreneous return is of capital gains only & not Other sources & it was erroneously filed in the wrong head?

[Surender Gupta]

The method of calculation, the method of payment of income tax etc. are the examples that may be shown to prove that tax was paid correctly but shown in the return wrongly. To prove that an action is an inadvertent mistake, the facts of the case is relevant nothing else.

AI Summary

Misclassification of income: show tax computation and payment records to prove return mistakenly reported capital gains as other income. To show a belated return misclassified capital gains as Other Sources, rely on the method of computation and tax payment records to demonstrate tax was correctly computed and paid but reported under the wrong head; establishing inadvertence depends on the documentary facts of the case.