Income Tax

Manual paper return with refund claims filed by non super senior citizens not valid-CBDT

Manual paper return with refund claims filed by non super senior citizens not valid-CBDT

As per Section 139(1) of the Income Tax Act, 1961 read with Rule 12(3) of Income Tax Rules, 1962, every individual whose total income during the previous year exceeds five lakhs or if any refund is claimed, is required to file his/her return electronically.

The only exception from filing e-returns is provided to super senior citizens (i.e. individuals of the age of 80 years or more at any time during the relevant financial year and furnishing return in Form ITR-1 or ITR-2

As per recent Directorate of Income Tax Systems Instruction related to ITR Processing (ITBA-ITR Processing Instruction No.2), from the data of paper returns digitized by assessing officers and pushed to CPC-ITR for processing, it was observed that:

(a) Manual paper return with refund claims have been filed by assessees other than super senior citizens.

(b) Manual paper returns were filed without refund claims and after processing refund is determined in some cases. This is mainly due to tax calculation error by taxpayer or non-claiming of rebate u/s 87A and

(c) Manual paper returns were filed declaring no refund no demand and after processing, demand is determined in some cases. This is mainly due to tax calculation error by taxpayer or mismatch of pre-paid taxes.

As per the Instruction, as approved by the CBDT, the following steps need to be observed before processing such manual paper returns.

(a) Manually filed ITRs with refund claim by non super senior citizens

Manual paper return with refund claims have been filed by assessees other than super senior citizens are not filed in the mode and manner prescribed in Rule 12. In such cases, the paper returns are not valid returns and taxpayers should be intimated accordingly and advised to submit ITR electronically. The paper return will be treated as invalid.

(b) Manual NDNR ITRs where refund is determined after processing

Where when assessee has not claimed refund in the return (NDNR cases) but refund is determined after processing then such ITRs are treated as valid under Rule 12 of IT Rules 1962 and such ITRs should be processed and refund issued. If such cases are digitized and pushed to CPC-ITR for processing, the AO will be asked to re-confirm if the data entry in paper ITR is correct and also to confirm the refund computed before processing u/s 143(1) is completed if the refund amount is greater than Rs 2,000. Such confirmation will be through electronic mode

(c) Manual NDNR ITRs where demand is determined after processing

Where the assessee has submitted the paper return as NDNR but demand is determined after processing due to mismatch in pre-paid tax due to invalid/incorrect TAN, lack of TDS in 26AS or any other reasons, such ITRs are to be treated as valid under Rule 12 of IT Rules 1962 and such ITRs should be allowed to be processed and demand generated. AO may be asked to confirm if the data entry in paper ITR is correct and also confirm the demand computed through e-mode, before processing u/s 143(1) is completed. In case of data entry error, the AO can correct the data and resend the record to CPC-ITR for processing.

----------- Similar Posts: -----------
Share

Recent Posts

  • Income Tax

Interest on borrowed funds utilized for investment in group companies allowed

Interest paid on borrowed funds utilized for investment in group companies for strategic business purpose with commercial expediency cannot be…

2 hours ago
  • Income Tax

Writ Court not to interfere if Petitioner has no defence to object special audit u/s 142(2A)

Writ Court not to interfere if Petitioner has no defence to object to a special audit u/s 142(2A) In a…

4 hours ago
  • Income Tax

SC reprimands Income Tax Department for filing SLPs with considerable delays

Supreme Court reprimands Income Tax Department for filing SLPs with considerable delays Supreme Court reprimands the Income Tax Department for…

20 hours ago
  • Income Tax

Issue of notice u/s 148 before approval by CIT is void ab initio- SC dismissed SLP

Issue of notice u/s 148 before approval by CIT is void ab initio- Supreme Court dismissed SLP  In a recent…

1 day ago
  • Income Tax

No addition u/s 56(2)(viib) when no money/ consideration was received – HC

No addition u/s 56(2)(viib) when no money/consideration was received by assessee on issue of shares which were allotted merely on…

2 days ago
  • GST

Mentioning wrong place of delivery in e-way bill was human error – High Court

In a recent judgment, the Hon'ble Allahabad High Court has quashed the penalty order u/s 129 of UPGST Act 2017…

2 days ago