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Mihir Tanna |998 Answers |Ask -Follow

Tax Expert - Answered on Sep 29, 2022

Mihir Ashok Tanna, who works with a well-known chartered accountancy firm in Mumbai, has more than 15 years of experience in direct taxation.
He handles various kinds of matters related to direct tax such as PAN/ TAN application; compliance including ITR, TDS return filing; issuance/ filing of statutory forms like Form 15CB, Form 61A, etc; application u/s 10(46); application for condonation of delay; application for lower/ nil TDS certificate; transfer pricing and study report; advisory/ opinion on direct tax matters; handling various income-tax notices; compounding application on show cause for TDS default; verification of books for TDS/ TCS/ equalisation levy compliance; application for pending income-tax demand and refund; charitable trust taxation and compliance; income-tax scrutiny and CIT(A) for all types of taxpayers including individuals, firms, LLPs, corporates, trusts, non-resident individuals and companies.
He regularly represents clients before the income tax authorities including the commissioner of income tax (appeal).... more

Question by Shibshankar on Sep 29, 2022Hindi

I am a retired male senior citizen. I filed my income tax return for AY 2022-23 in form ITR-1 on 22nd July 2022 with NET Taxable income of 427200 with a mention of 5070 for rebate under 80 D towards my mediclaim insurance annual premium.

Before doing the e-verification on line through Aadhaar linkage I noticed that my actual mediclaim insurance premium is 7070 which I had erroneously mistyped as 5070.

So instead of e-verifying my above erroneous filing I filed a Revised Return on 20th August 2022 correcting the 80 D rebate claim to 7070 and the Net Taxable income became 425200. I e-verified this Revised Return immediately on line through Aadhaar linkage.

Within 2 days of my filing this Revised Return I got an assessment Email from Income tax department where they have treated this Revised Return as Late filed Original Return and imposed a late fee penalty of 1000 and issued a Refund Order of my TDS.

As such on my Net Taxable income of 427200 as per Original Return or 425200 as per Revised Return Income Tax is '0'. It appears that since I didn't e-verify my Original Return they have treated Revised Return as Late filed Original Return and imposed late fee of 1000.

Now I am getting repeated emails from Income Tax department that I have not e-verified my Original Return of 22nd July.

Can I e-verify my Original Return now and claim Refund of the 1000 Late Fee deducted by them?

Shall be grateful for guidance and advice.

Ans: Return is taken up for processing only when it is verified. As revised return is verified before verifying original return, revised return is considered as original return. So in my view, even if original return is verified now, late fee will not be waived off as original return is considered to be filed after due date.

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I have gone through your expert guide on Rediff.com. Kindly deliver your advice in my case as well. Thanks Sir. I am a salaried class employee and filed ITR 1 for FY 2019-20 in Aug 2020. Inadvertently, I paid self-assessment tax twice through online (Rs 17,000 paid twice amounting total of Rs 34,000). I wrote to the IT deparment for refund of the excess amount of Rs 17,000. The IT department advised me to file rectification online through my IT account. I tried in vain. Kindly guide me in this regard.

Ans: A person can file revised income tax return anytime before the expiry of one year from the end of the relevant assessment year or before assessment of your ITR by an assessing officer, whichever is earlier.

You can claim refund in the revised ITR and provide necessary proofs that you paid excess tax (challan details and date of when both the self-assessment taxes were paid). If the claim holds good, a refund can be issued for the excess tax paid.

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