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E-ITR FORM MUST HAVE OPTIONAL SHEETS FOR EXPLANATIONS AND FURTHER CLAIMS FOR CONSIDERATION BY AO

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E-ITR FORM MUST HAVE OPTIONAL SHEETS FOR EXPLANATIONS AND FURTHER CLAIMS FOR CONSIDERATION BY AO
By: DEV KUMAR KOTHARI
March 19, 2018
  • Contents

E-ITR Forms:

In this article E-ITR forms means Income Tax Return Forms which are to be filed electronically. Many assesses have to compulsorily file E-ITR in prescribed form.

Tax laws are very complex:

It is well known that tax laws are very complex. At a particular time on an issue there may be different opinions prevailing, there can be different judgments of appellate authorities, Tribunal and Courts. In case of new provisions, there may not be any judicial precedence. Therefore, one has to rely on his own understanding with help of experts. On many issues difference of opinion prevails.

Claim not made in ITR may not be entertained by AO

Unless a claim is made in ITR or revised ITR, AO is not likely to accept any claim made during course of hearing by filing claim, revised computation etc. This is in view of judgment of the Supreme Court in case of   Goetze (India) Limited v. CIT 2006 (3) TMI 75 - SUPREME Court :

 Though that judgment was for period when E-ITR was not in vogue but the same is applied even in case of E-ITR. In case of physical ITR one can add some sheets to submit explanations and to make further claims for consideration of the AO. However, in E-ITR there appears no scope for any such submissions.

Therefore, in case of E-ITR it seems  not possible to make any submissions, explanations and further claims.

Explanations are required:

In many situations where difference of opinion I prevailing or an claim is  not free from doubt, it is desirable that assesse had an option to make explanation. In case of contentious issues it is desirable that assesse can put forth his submissions to substantiate his claim.

Some claims are made with caution, because of novelty of claim or related provision.

Some claims are not made in computation in ITR but are desirable to be made for consideration by the AO. This is because unless claim is made in ITR, it will not be considered by the AO.

Penalty provisions are also harsh, therefore, unless an explanation is submitted, and a claim is disallowed, there are chances of penalty being levied.

Extra sheets in E-ITR is desirable:

In view of above discussions, it is desirable that in E-ITR assesse be provided option to add extra sheets or specific pages be provided in excel format and word document format or PDF format in which assesse can mention his explanations and further claims for consideration of the AO.

It is not difficult to provide such sheets:

It is not difficult to provide provision for extra sheets or attachments to ITR in which one can add explanations and further claims for consideration by the AO. At present we find that in Excel format of ITR we can add extra sheet but it is not saved to become part of ITR to be uploaded.

With some changes in format and related  software extra sheets in any of format like Excel sheet, word document or PDF document or any other suitable format it can be added as part of E- ITR. Or option to attach any file can be provided.

 

By: DEV KUMAR KOTHARI - March 19, 2018

 

 

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