Income Tax :- Belated Income Tax Return u/s 139(4)

Saturday, October 5, 2013 | comments



Belated Return [Section 139(4)]

(1) Any person who has not furnished a return within the time allowed to him under section  139(1) or within the time allowed under a notice issued under section 142(1) may furnish the  return for any previous year at any time -

     (i) before the expiry of one year from the end of the relevant assessment year; or
     (ii) before the completion of the assessment,

whichever is earlier.

(2) A belated return cannot be revised. It has been held in Kumar Jagdish Chandra Sinha v. CIT [1996] 86 Taxman 122 (SC) that only a return furnished under section 139(1) or in pursuance of a notice under section 142(1) can be revised. A belated return under section 139(4) cannot be revised. 

Note – Notice under section 142(1) is served by the Assessing Officer for the purpose of making an assessment -
    (i) on any person who has filed a return under section 139(1) to -

         (a) produce or cause to be produced such accounts or documents as may be required
              by the Assessing Officer; or
        (b) to furnish in writing information in the prescribed form on such points or matters as
              required by the Assessing Officer.

   (ii) on a person who has not filed his return within the time allowed under section 139(1) or  before the end of the relevant assessment year to -

  1. furnish a return of his income or the income of any other person in respect of which he is assessable under the Act, in the prescribed form containing the prescribed particulars;
  2. (b) produce or cause to be produced such accounts or documents as may be required by the Assessing Officer; or
  3. to furnish in writing information in the prescribed form on such points or matters as required by the Assessing Authority


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