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

Assessee mistakenly files HUF capital gain as 'other sources'; tax department claims income escapement. Demonstrate correct tax payment. An assessee mistakenly filed a return under the wrong category, listing HUF capital gain income as 'other sources' after the due date, preventing revision. The tax department is scrutinizing the case, claiming income escapement. To address this, it is suggested to demonstrate the correct tax payment through calculation and payment methods, asserting the error as inadvertent. The facts of the case are crucial to proving the mistake was unintentional.