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Sec 139(5) : Revised Return under Income Tax

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Sakshi Shah

139(5)
Income Tax
Income Tax Filing
IT Notice

Revised Return under section 139(5) means filing an income tax return once again to rectify errors and omissions made while filing the original income tax return. You can file a Revised Return if you discover a mistake made in filing your original ITR. Further, if the income tax department issues a notice for any errors made in the ITR, you need to file a Revised Return. It is important to e-verify the Revised ITR within 120 days of filing. You can file a Revised Return from your account on www.incometaxindiaefiling.gov.in. To file your ITR using the help of a Chartered Accountant, refer to the plans below.

ITR for Salaried Individuals
CA Assisted Income Tax Return filing for individuals having salary, Rental income from one house property & income from other sources.
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ITR for Salaried Individuals
CA Assisted Income Tax Return filing for individuals having salary, Rental income from one house property & income from other sources.
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Points to keep in mind before filing Revised Return u/s 139(5) in Income Tax

When do you file a Revised Return under Sec 139(5)?

Revising on your own

  1. To rectify errors or mistakes made in the original Income Tax Return
  2. To disclose income or information not reported in the original Income Tax Return

Example:

Revising in response to a notice

  1. If the assessee agrees to a mismatch in the notice for proposed adjustment under Sec 143(1)(a)

2. When the assessee pays outstanding demand as per Sec 143(1) and then files a Revised Return

Example:

Due Date to file Revised Return under Income Tax

As per the Income Tax Act, a Revised Return can be filed up to the end of the assessment year or before completion of the assessment, whichever is earlier. This means that an assessee can file a revised return up to one year from the end of the financial year.

As per Budget 2021, the due date to file belated, revised ITR will be December 31 of the assessment year instead of March 31 of the assessment year.
Tip
As per Budget 2021, the due date to file belated, revised ITR will be December 31 of the assessment year instead of March 31 of the assessment year.

Note: AY 2018-19 onwards, the time limit to file a revised return was reduced. Thus, the due date was:
AY 2018-19 onwards – by the end of relevant the Assessment Year
Up to AY 2017-18 – within 1 year from the end of the relevant Assessment Year

Example

For Income Tax Return of FY 2018-19 (AY 2019-20):
End of Assessment Year is 31.03.2020
Therefore, you can file Revised Return for FY 2018-19 up to 31st March 2020

For Income Tax Return of FY 2016-17 (AY 2017-18):
End of Assessment Year is 31.03.2018
One year from the end of Assessment Year is 31.03.2019
Therefore, You can file Revised Return for FY 2016-17 up to 31st March 2019

How to file Revised Return u/s 139(5)?

You can file a Revised Return from your account on the income tax website.

Here is the stepwise process to file Revised Return on the Income Tax website.

Year Can I revise Belated Return? Time Limit to file Revised Return
FY 2016-17
AY 2017-18
No Belated Return cannot be revised
FY 2017-18
AY 2018-19
Yes By end of Assessment Year i.e. up to 31/03/2019
FY 2018-19
AY 2019-20
Yes By end of Assessment Year i.e. up to 31/03/2020. Due to Covid-19, it was extended to 30th November 2020.

FAQs

Can I file a Revised Return for a Belated Return filed after the due date?

Yes. As per the amendment in Budget 2016, you can now file Revised Return u/s 139(5) for a Belated Return u/s139(4) from AY 2018-19. Here is an example.

How many times can a revised return be filed?

A return can be revised any number of times before the expiry of one year from the end of the assessment year or before the assessment by the department is completed, whichever event takes place earlier.

Can I file a Revised Return after the original ITR is processed?

Yes, you can file a revised ITR before the due date, even when your original ITR is processed and tax refund is issued (in case you were eligible for a tax refund).

  • lakshminarayanan says:

    Is it mandatory to e-verify first return filed before filing revised return under section 139(5)

    • Sakshi Shah says:

      Income Tax Return is considered to be successfully filed only once it is e-verified. Thus, it is mandatory to e-verify your ITR within the allowed time of 120 days from the date of filing. However, you can file the Revised Return before e-verifying provided you e-verify both original return and revised return.

  • Shruti Jain says:

    What will happen if the original return is processed and refund is already received by the assessee .Can we still file revised return.

    • Maharshi Shah says:

      Hey Shruti, it is possible to file a revised return in this case, but you will have to keep 2 things in mind:
      1. After filing the return, if there are pending tax dues, then you will have to pay the same
      2. If you are liable to a refund above the amount that you have already received, it will be done after the revised return is processed

  • M Ramdoss says:

    I retired on 28/2/2020 and my employer issued Form 16 for Salary and taxable portion of Leave Encashment. But the Form 26AS contained amount paid to me as Gratuity, Pension Commutation and PF (employee portion). When I filed ITR1, the fields were not auto populated. Hence based on Form 16, I filled all data and filed the return. Now I have received mail from CPC Bangalore that my return is defective. Whether I should submit Revised Return. If I go to eFile>Income Tax Return>>Original/Revised>>the 2nd tab shows under sec.139(5). Is this correct, please guide.

    • Maharshi Shah says:

      Hello Ramdoss, if there is a mismatch in gross receipts as per form 26AS and total receipts under all heads of income reported in ITR, the IT Department send an defective notice u/s 139(9). You should file a return in response to 139(9) with the correct details of income and tax credit.

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