whether a person who has filed a belated return of Income u/s 139(4) of the Income-tax Act, 1961 is entitled thereafter to file a revised return of income u/s 139(5) of the Act. - Income Tax - 888/CBDT

INSTRUCTION NO. 888/CBDT Dated : October 1, 1975 Section(s) Referred: 139(5) ,153(1)(c) Statute: Income - Tax Act, 1961 A question has been raised as to whether a person who has filed a belated return of Income u/s 139(4) of the Income-tax Act, 1961 is entitled thereafter to file a revised return of income u/s 139(5) of the Act. A related question is whether in such a case the time limit for completion of assessments laid down in sub-clause (c) of sub-section (1) of section 153 of the Act will apply with reference to the belated return filed u/s 139(4) or the revised return u/s 139(5). 2. These questions were referred to the Ministry of Law for advice. According to the Ministry of Law, a person who has not filed a return of Income within the time allowed to him under sub-section (1) or sub-section (2) of section 139 of the Act, but files a return of income u/s 139(4) is not entitled to file a revised return u/s 139(5) of the Act. The Law Ministry has further advised that such a return of income cannot also be taken into consideration for the purposes of computing the period of limitation u/s 153(1)(c) of the Act. It may, therefore, be noted that the extended time limit of one year u/s 153(1)(c) will not be available in respect of a revised return of income purported to have been filed u/s 139(5) where originally the return was filed u/s 139(4). A copy of the advice of the Ministry of Law is enclosed. 3. The above legal position may kindly be brought to the notice of all the officers working in your charge.