MULTAN: Multan Tax Bar Association (MTBA) has demanded caretaker Finance Minister Dr. Shamshad Akhtar for the correction of errors appearing in IRIS while filing of revised income tax returns showing error message by extending date till 30th November 2023.
President of Multan Tax Bar Association Malik Khadim Hussain Maitla has wrote a letter to Finance Minister Shamshad Akhtar and informed that taxpayers are facing severe issues at the time of filing revised Income Tax Returns for the previous Tax years, IRIS system of FBR is showing error message “MSG.IRIS-12-001 – Commissioner Approval Required 114(6)(b)” and not allowing submission of Income Tax Return of the previous years and requiring approval from the Commissioner IR. But, Section 114(6)(b) is not requiring Commissioner’s Approval and only is requiring just attachment of reasons for revision and even after attachment of Reasons for Revision, IRIS is still showing same error message “MSG.IRIS-12-001 – Commissioner Approval Required 114(6)(b)”.
He further informed that for the sake of guidance from the law when we read Section 114(6)(b) it appears that Section 114(6)(b) is only requiring submission of reasons for revision and not approval of the Commissioner, however, Section 114(6)(ba) is requiring approval of the commissioner. But, the IRIS unlawfully is emerging both requirements of Section 114(6)(b) and Section 114(6)(ba) and requiring Commissioner’s approval under just four words i.e. “Commissioner Approval Required 114(6)(b)” which is against the intent & requirements of the law and is demonstrating the error of law application through the IRIS which needs correction/rectification immediately.
He further stated that the sake of ready reverence Section 114(6) is being reproduced here as under Subject to sub-section (6A), any person who, having furnished a return, discovers any omission or wrong statement therein, may file revised return subject to the following conditions, namely: —
(a) it is accompanied by the revised accounts or revised audited accounts, as the case may be:
Provided that Commissioner may waive this condition if the Commissioner is satisfied that filing of revised accounts or audited accounts is not necessary;
(b) the reasons for revision of return, in writing, duly signed, by the taxpayers are filed with the return;
(ba) it is accompanied by approval of the Commissioner in writing for revision of return; and
(c) taxable income declared is not less than and loss declared is not more than income or loss, as the case may be, determined by an order issued under sections 121, 122, 122A, 129, 132, 133 or 221:
Provided that if any of the above conditions is not fulfilled, the return furnished shall be treated as an invalid return as if it had not been furnished:
Provided further that the condition specified in clause (ba) shall not apply if revised return is filed within sixty days of filing of return:
He also Provided that condition specified in clause (ba) shall not apply and the approval required there under shall be deemed to have been granted by the Commissioner, if-
(a) the Commissioner has not made an order of approval in writing, for revision of return, before the expiration of sixty days from the date when the revision of return was sought; or
(b) taxable income declared is more than or the loss declared is less than the income or loss, as the case may be, determined under section 120:
Provided further that the mode and manner for seeking the revision shall be as prescribed by the Board:
Provided also that the Commissioner shall grant approval in case of a bonafide omission or wrong statement.
Moreover, Income tax Return for the Tax Year 2023 are also due and without 1st revision of Income Tax Return for the Tax Year 2022, filing of Income Tax Return for the Tax Year 2023 may not be possible because of the fact that there are so many closing balances i.e. stocks and debts & credits etc. which should be required to be taken as opening balance at the time of filing of Income tax Return for the Tax year 2023 otherwise the Income Tax Return 2023 will also be with full of errors, omissions and mistakes and the risk of amendment under Section 122 will also no allow to the Taxpayers to file Income Tax Returns for the Tax Year 2023 with errors and omissions whatsoever.
It is therefore requested that kindly IRIS may be corrected/rectified hassle free and mean while extend the date for filing of Income Tax Return for the Tax year 2023, so that the taxpayers may file their Income Tax Returns without having any fear.
