I have received 143(1)(a) intimaiton demand for ITR3 filed for AY 22-23 now. The ITR is still showing in processing state. The data uploaded in Jason format has overwritten my Zero income form self occupie dproperty to sam evalue of rent coming from let-out property. Du eto this there is mismatch is tax calculation. How should I respond to this by filing a revised return and if so it will be under which u/s in ITR?

Ans: Step 1: Verify the intimation demand
The first step is to verify the intimation demand to ensure that it is accurate and that you have indeed received a demand for additional tax. You can do this by checking the following:
• The assessment year (AY) and return type should match the ITR that you filed.
• The demand amount should be accurate, based on the mismatch in tax calculation as identified by the Income Tax Department.
• The intimation demand should be issued by a valid Assessing Officer.

Step 2: File a revised return
Once you have verified the intimation demand, you should file a revised return to correct the error in your original return. To do this, you can follow these steps:
1. Go to the e-filing website of the Income Tax Department.
2. Log in to your account and select the "Revised Return" option.
3. Select the AY and return type for which you are filing the revised return.
4. Enter the required details and upload the revised JSON file.
5. Verify the details and submit the revised return.

Step 3: Pay the additional tax
If there is any additional tax payable after filing the revised return, you will need to pay it within the specified time period. You can make the payment online through the e-filing website or at a designated bank branch.

You should file the revised return under Section 139(5) of the Income Tax Act, 1961. This section allows you to file a revised return within one year from the end of the relevant assessment year.

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Mihir Tanna |706 Answers |Ask -Follow

Tax Expert - Answered on Sep 29, 2022

Question by Durga - Sep 29, 2022Translate

Dear Mr Tanna, Before soliciting your sincere opinion I must first congratulate and compliment you for the benevolent job being done to alleviate the problems being faced by the solo taxpayers from the pounce of the IT Office. I would request you to go through my problem which is very much exhaustive and moreover disheartening for the busy people like you. I am a retd employee from LIC in the FY 2020/21. In FY 2021/22 I had received arrears of salary along with commutation of pension and leave encashment. The employer while finalizing the IT for 2021/22 had deducted IT giving the exemption for comm pension, 80CC and 80D without the benefit under sec 89. While filing IT I could see the effect of AIS. Without any further deduction except under 80 TTB, I tried to confirm the Total Taxable Income as per 26AS/AIS. The self-assessed tax was to be paid on three dates because of the ATM limit etc. The last payment which was on 28th July, could not be successful and was debited on 29th as a result I could not add the CIN No etc., on the Add box of tax payment. Since the total amount of tax was paid before the last date i.e 31st I did submit a short paid ITR presuming it would be taken care of. On 1st Aug I received a message under sec 143 with a demand due for 4660/. The e-file status was showing the ITR is under process with O/S demand Nil (four Green tick was displayed). Till Aug 30th when I found the ITR is not accepted despite the grievances as cited above, again I paid the balance amount going thru the demand due option, there also I faced the same problem from bank. The amount could be debited on 31St Aug. I did pay the amount thinking the ITR and tax deposit are different Module. Moreover after filing ITR I made a query with the ITO regarding exemption of Transfer grant which should have been allowed at source. They denied it under pretext that no further exemption after filling. In order to see the last payment due appear under SAT head I had submitted a grievance which was not seen till I spoke to the help desk. One reply came with so many tags to file revised IT under section 131 (5). While I visited for re-file, I could see the interest amount along with an increased taxable income thus returned back. Now my questions are: 1. How the taxable income would vary when a letter under 143 is issued with a demand? 2. If I am to re-submit the ITR under Sec 131 (5) can I restrict the taxable income to the earlier one? 3. Can they alter the taxable income when Sec 143 is invoked? 4. Finally, should I conform to the query or wait till they make their earlier demand set right. Sir I had filled it by myself without the help of a professional. Your opinion would be mostly an antidote against the IT virus that has made me upset. Eagerly awaiting your reply.

Ans: Thank you so much for your compliment. Looking at your facts, I wish you could have got professional advice on 1^st August itself. My views on your queries are as follows:

I understand you are using online feature of filing Income Tax Return at www.incometax.gov.in wherein data is prefilled based on information reported by different persons (like employer for salary, bank for interest income, company for dividend income, TDS deductor for TDS deducted and amount of income credited, etc.). In your case, it might be possible that reportable entity has revised its data for reporting to income tax department and accordingly amount appearing in intimation issued u/s 143(1) differs from amount auto populated while filing income tax return u/s 139(5) of Income Tax Act using online feature.

It is not advisable to restrict auto populated income unless income auto populated at e-filing portal is incorrect. Check AIS for income auto populated at e-filing portal. If income appearing in AIS is incorrect, you can file feedback for AIS and offer actual income to tax while filing return u/s 139(5) of the act which allow tax payer to revise return by rectifying mistakes.

Yes, income tax provides updated figure at portal even if intimation is issued u/s 143(1) of the Act, as revised figures is provided by the payer of income or person authorised as reportable entity.

I understand you are talking about self-assessment tax paid by you and not auto populated in relevant schedule of ITR. Reason for the same can be wrong selection of year or code while making payment or while uploading challan details by the bank. Please check 26AS for self-assessment tax paid, if the same is not appearing in 26AS of AY 2022-23, you have to discuss said issue with Jurisdictional officer.