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Income Tax - Highlights / Catch Notes

Home Highlights November 2021 Year 2021 This

Invalid return - Rejection of refund - mismatch in the figures ...


Tax Refund Denied Due to Income Mismatch; AO's Actions u/s 139(9) Deemed Improper for Skipping Correction Step.

November 15, 2021

Case Laws     Income Tax     AT

Invalid return - Rejection of refund - mismatch in the figures of income returned and as reported in Form 26AS - Technically speaking, the AO has not passed an order u/s 237 but only u/s 139(9) of the Act. We have noticed above that firstly, the AO could not have treated the return as invalid u/s 139(9) of the Act because of mismatch between the figure of income shown in the return and that in Form 26AS and secondly, if at all he did so on a wrong footing, he ought to have issued notice u/s 142(1)(i) of the Act for enabling the assessee to file its return so that a regular assessment could take place determining the correct amount of income and the consequential tax/refund. - AT

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