Government of India

Ministry of Finance

Department of Revenue

Central Board of Direct Taxes

New Delhi, 14 December, 2016.

PRESS RELEASE

Under the existing provisions of section 139(5) of the Income-tax Act, 1961 (‘Act’), Revised Return can only be filed if any person, who has filed a return under section 139(1) of the Act or in response to notice u/s 142(1), discovers any omission or any wrong statement therein. Post demonetization of the currency on 8th November, 2016, some taxpayers may misuse this provision to revise the return-of-income filed by them for the earlier assessment year, for manipulating the figures of income, cash-in-hand, profits etc. with an intention to show the current year’s undisclosed income (including the unaccounted income held in the form of demonetized currency in current year) in the earlier return.  

It is hereby clarified that the provision to file a revised return of income u/s 139(5) of the Act has been stipulated for revising any omission or wrong statement made in the original return of income and not for resorting to make changes in the income initially declared so as to drastically alter the form, substance and quantum of the earlier disclosed income.  

It is brought to the notice of tax payers that any instance coming to the notice of Income-tax Department which reflects manipulation in the amount of income, cash-in-hand, profits etc. and fudging of accounts may necessitate scrutiny of such cases so as to ascertain the correct income of the year and may also attract penalty/prosecution in appropriate cases as per provision of law.

(Meenakshi J.Goswami)  

Commissioner of Income Tax  

(Media and Technical Policy)  

Official Spokesperson, CBDT.

Restrictions on revised returns under section 139(5) prevent using revisions to disguise undisclosed post-demonetisation income. The provision for filing a revised return under section 139(5) is limited to correcting an omission or wrong statement in the original return and is not to be used to alter the form, substance or quantum of previously declared income to reflect current-year undisclosed income; misuse by manipulating income, cash-in-hand or accounts may invite scrutiny and attract penalties or prosecution.