Revised return after 143 ( 1 ) intimation

[shyamal roychowdhury]

My Client a partnership firm filed return for ay 2006-07 in time with claim of refund . The refund was received u/s 143(1) also . The assessee finds that he has not claimed many TDS AS the certificates received late . . Now he wants to claim the TDS WITH THE CERTIFICATES RECEIVED BY FILLING REVISED RETURN . nOW THE COFUSION IS IT IS OPINION THAT NO REVISED RETURN CAN BE FILED AFTER THE 143 ( 1 ) INTIMATION . PL ADVICE IF THIS IS CORRECT ? Amount involved is more than 50000/- . The refund & order was received almost 7 months ago . If no revised return can be given , how the TDS CAN BE RECOVERED . We heard that recently some appellate authority has opined that TDS IF DEDUCTED , THE REVENUE AUTHORITY SHOULD ALLOW CREDIT WHEN INCOME TO THAT HAS BEEN SHOWN IN THE ACCOUNT . WE WILL BE OBILIZED FOR AN OPINION & ROUTE TO RECOVER THE . S.ROYCHOWDHURY

[DEV KUMAR KOTHARI]

ONE YEAR FROM THE END OF ASST. YR. 2006-07 LAPSED ON 31.03.08 THEREFORE,REVISED RETURN CANNOT BE FILED U/S 143 (5) AFTER 31.03.08. YOU HAVE NOT BEEN SERVED A NOTICE U/S 143(2), MEANS THAT ASSESMENT HAS BEEN COMPLETED U/S 143(1). HOWEVER, YOU CAN MAKE AN APPLICATION FOR REFUND WITH REQUEST TO CONDONE DELAY IN CLAIMING REFUND AS TDS CERTIFICATES WERE RCEIVED LATE.

AI Summary

Revised return limitation prevents late TDS claims after statutory period; seek refund application with condonation for delayed certificates. A revised return cannot be filed after the statutory deadline of one year from the end of the assessment year, and where assessment has been completed under 143(1) the revision route is unavailable; the practicable alternative is to file a refund claim with a request to condone delay because TDS certificates were received late.