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Ask your queries or reply to others' queries => Discussion => Topic started by: VEERMANI on October 29, 2011, 12:36:07 PM

Title: rectification of mistake
Post by: VEERMANI on October 29, 2011, 12:36:07 PM
Filed return of income electronically.  The property income was calculated at 50% of the immovable property and tds was also indicated with certificate.  However under sec.143(1) the CPC took 100% of the property and raised demand. 

Rectification application electronically is provided for tds only and there is no way one could ask for rectification.

There is a note to the effect that the intimation be treated as demand under sec.156.

Please help me to find a way for rectification.
Title: Re: rectification of mistake
Post by: ashutosh majumdar on December 01, 2011, 07:11:51 AM
Why don't you file a revised return?
Title: Re: rectification of mistake
Post by: camanojgupta on December 01, 2011, 08:17:18 AM
Pl tell me how a revised return can be filed. The assessment has already be done
Title: Re: rectification of mistake
Post by: ashutosh majumdar on December 02, 2011, 07:10:47 PM
Sorry, I think I have totally misunderstood the facts. Reading carefully, it appears that:

(i) The property income was calculated at 50% of the immovable property (how is this? Is this the ALV of the property?)

(ii) Under sec.143(1) the CPC took 100% of the property and raised demand (this means the mistake was committed by the CPC and not by the assessee!)

So, where is the question of the assessee filing a revised return?

If the CPC has committed an error, they have to rectify it. Express power is not required. It is implied. So, write to the CPC and point out the error. If they still don't act, you will have to file a Writ Petition to challenge their inaction in rectifying the mistake.
Title: Re: rectification of mistake
Post by: camanojgupta on December 02, 2011, 07:19:50 PM
UR QUERY IS NOT CLEAR PL CLARIFY HOW U CALCULATED ALV.