How important it is to select correct section for filing of return's?

How  important it is to select correct section for filing of return's?

#makeknowledgefree





By - Amlan Dutta





One day i get a call from a subscriber stating that he has filed return successfully after watching my tutorial but has sadly selected belated section 139(4) instead of due section 139(1) He then asks sheepishly whether he can revise it under 139(5)





I felt deeply saddened because when i see my subs asking me such questions i feel sad that maybe there was a lack of effort in my original work and therefore there is a confusion!





So , in that regard i make this tutorial extensively just to make you understand how important it is to select correct section for filing of return





Say there are two flights of Air India - AI  139(1) Mumbai to Delhi and AI 139(4) Mubai toi afghanisthan  and everyrthing else about the flight is the same - Boeing , same cabin structure , seating arrangement etc etc





I want to go to Delhi , can i select  AI 139(4) Surely no , then how can i even think of doing the same in case of tax return





See , basically any tax return anatomy remains the same i.e declaring scope of taxable income , figuring out tax liability and then making sure that tax credit is there to meet such liability





However this same thing can be submitted under as variety of circumstances When this return is submitted before due date , we select flight 139(1)I n case we make some mistakes , we can correct the same retaking  the same flight but doing the filling properly this time but strictly using flight 139(5)





Say , we cannot file return  by due date but are in a position to file return after due date , surely we can and the process etc remains the same because like i explianed the basic anatomy of the return is nothing but dcelaring taxable income , figuring out tax lianility and then paying taxes and availing credit in such return to meet liability





But this time , we take belated flight section 139(4)Unfortunnately when we make mistakes here , we cannot retake flight 139(5) and do corrections We have to wait for intimation from the department and then raise rectification to be in a position to make any corrections





Another case is when we file a defective return and get a notice to cure it ...Again we cure i.e imply fill the same return properly correcting the defect buit take the flight 139(9) (response to defective notice ) for curing the return







Now , for belated return can i  take flight 139(1) ...or for making revision can i select belated section 139(4) ...clearly the answer is  a Big no ...yes the things being submitted in principle remain the same but the time period (due and belated ) govern flights 139(1) and 139(4) ( belated ) and issues related to correction are governed by section 139(5) and 139(9) (curing in response to defective notice )





So , please dont take belated flight 139(4) when  you are supposed to take due flight 139(1) to your journey of tax filing !







Cheers ,







Amlan Dutta