Can a belated or late filled income tax return be revised

Belated return means a late return which is filled as per section 139(4) of income tax act. Before discussing the provisions related to revised return in case of late filling or filling of belated return, let us first look into the provisions of section 139(4) of income tax act.

As per section 139(4) of income tax act, an income tax return or ITR will be treated as belated or late return if it’s filled after the due date of filling as mentioned under section 139(1) or filled after the time allowed in a notice issued under section 142(1) by the assessing officer.

Also Read: Due date or last date of filling ITR – section 139(1)

If either of the date is missed then the ITR will be treated as belated return. Let us analyze section 139(4);

• If an assessee who is liable to file ITR under section 139(1) has submitted it after the due date of filling then the first condition to treat it as a belated ITR is fulfilled due to which the ITR will be treated as belated return.
• Under section 142(1), the assessing officer can issue notice asking the assessee to file the return of income within the time limit specified in the notice. If assessee is required to file the income tax return under section 139(1) or proviso to section 139(1) and notice under section 142(1) is issued for not filling such return then the ITR so filled in response to the notice will be treated as belated return even if its filled within the time limit allowed in the notice. Because, the first condition of filling the ITR before the due date as specified under section 139(1) is not fulfilled.
• This means, if an assessee is not liable to file income tax return under section 139(1) or proviso to section 139(1) and return of income has been filled within the time allowed in pursuance to notice under section 142(1) then such ITR submitted will not be a belated return.

Now question arises, can a late filled or belated return be revised as per the provisions of section 139(5) of income tax act?

As per section 139(5) of income tax act, if an assessee after furnishing the return of income under section 139(1) or in pursuance to a notice under section 142(1) has discovered any omission or wrong statement in the income tax return then such return of income can be revised at any time before the expiry of one year from the end of relevant assessment year or before completion of the assessment, whichever is earlier.

Completion of the assessment refers to section 143(3) and section 144. Completion date will be the date on which order under section 143(3) and section 144 is passed. Date of service of such order will not be considered as the date completion of assessment for the purpose of section 139(5).

A loss return filled under section 139(3) or ITR filled under section 139(4A) or 139(4B) or 139(4C) or 139(4D) is deemed as if it were a return under section 139(1). As returns filled are deemed as filled under section 139(1), section 139(5) allows them to be revised. Where as, a belated return filled under section 139(4) of income tax act is not deemed as a return filled under section 139(1) by which its not allowed to get revised under section 139(5).

Due to this reason a belated return can not be revised.

In Kumar Jagdish Chandra sinha V CIT (SC), it has been held that a belated return filed under section 139(4) can not be revised as section 139(5) provides that only return filled under section 139(1) or in pursuance to a notice under section 142(1) can be revised.

Suppose assessee is liable to file return of income under section 139(1) but not filled and due to this, section 142(1) notice has been issued for filling of ITR. Now, one of the two things can happen.

• Assessee can submit the return within the time allowed in notice or
• submit the return after the allowed time

In either of the case, if assessee has filled his ITR in pursuance to notice under section 142(1) then as discussed above it will be treated as a belated return.

In the first case (i.e. assessee has filled the return within the time allowed in notice), assessee can revise the belated income tax return as section 139(5) specifically allow them to do so.

In the second case, assessee is not allowed to revise the belated income tax return as it’s filled after the time limit allowed in notice issued under section 142(1).

Notes:

• If due date of filling has been extended by CBDT and return has been filled within that extended due date then it can be revised under section 139(5) of income tax act.

• ITR can only be filled within 1 year from the end of the assessment year. For assessment year 2014-2015 (i.e. financial year 2013-2014), income tax return can be filled on or before 31^st march 2016.