CBDT Advisory on Filing of Revised Income Tax Returns by the Tax Payers Post De-Monetisation of Currency; Post Demonetization Manipulations thru revised ITRs shall be subject to Scrutiny
CBDT has advised that Income Tax Returns revised, post demonetization, in respect of earlier assessment years shall be subject to scrutiny to investigate manipulation of income, cash in hand, profits, fudging of accounts, etc. Also, the CBDT has cautioned taxpayers to stay away from drastically altering the form, substance and quantum of the earlier disclosed income.
Under the existing provisions of section 139(5) of the Income-tax Act, 1961 (‘Act’), Revised Return can only be filed if any person, who has filed a return under section 139(1) of the Act or in response to notice u/s 142(1), discovers any omission or any wrong statement therein. Post demonetization of the currency on 8th November, 2016, some taxpayers may misuse this provision to revise the return-of income filed by them for the earlier assessment year, for manipulating the figures of income, cash-in-hand, profits etc. with an intention to show the current year’s undisclosed income (including the unaccounted income held in the form of demonetized currency in current year) in the earlier return.
It is hereby clarified that the provision to file a revised return of income u/s 139(5) of the Act has been stipulated for revising any omission or wrong statement made in the original return of income and not for resorting to make changes in the income initially declared so as to drastically alter the form, substance and quantum of the earlier disclosed income.
It is brought to the notice of tax payers that any instance coming to the notice of Income-tax Department which reflects manipulation in the amount of income, cash-in-hand, profits etc. and fudging of accounts may necessitate scrutiny of such cases so as to ascertain the correct income of the year and may also attract penalty/ prosecution in appropriate cases as per provision of law.