Revised return after 143 ( 1 ) intimation, Income Tax

[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

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[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.