Updated Return - Cases where Updated Return cannot be filed

Updated Return - Cases where Updated Return cannot be filed

Jan. 23, 2023 Income Tax
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'Updated return u/s 139(8A)' cannot be filed in following cases:  

 

1) Return of a loss (however, if return of loss is furnished u/s 139(1) and updated return is a return of income, then Updated ITR u/s 139(8A) is allowed).

2) Total tax liability decreased on the basis of return filed u/s 139(1)/(4)/(5).

3) Results in refund or increases the refund due, on the basis of return filed u/s 139(1)/(4)/(5).

4) Search initiated u/s 132 or Books of accounts / Other documents / Asset are seized u/s 132A.

5) Survey conducted u/s 133A (except sub-section 2A).

6) Notice issued for books of account / documents being seized or requisitioned u/s 132 / 132A.

7) Updated return is already filed.

8) Proceeding for assessment / reassessment / recomputation / revision of income is pending or has been completed.

9) Assessing Officer has information in respect of such person for the relevant AY in possession under the smugglers Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 or the Prohibition of Benami Property Transactions Act, 1988 or the Prevention of Money-laundering Act, 2002 or the Black Money and Imposition of Tax Act, 2015.

10) Assessee's information received under agreement u/s 90/90A & is already communicated to the assessee.

11) Prosecution proceedings under the Chapter XXII have been initiated for the relevant assessment year.

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