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Discussion > Income Tax >

Communication on arrear demand

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Research Scientist


[ Scorecard : 29]
Posted On 24 October 2011 at 15:28 Report Abuse

Dear CA friends,

I need your advice on a notification I received from CPC yesterday titled "Communication of Arrear Demand". It is a demand note for an amount of INR 49k. The AY is mentioned as 2008 and Section as 143(1). The letter is dated 19-10-2011 and there is an interest calculation in the demand amount till 13-01-2011.

1. Does AY here stand for Assessment Year? If so, does this mean that the demand is pertaining to the IT return of FY 2007-08?

2. To the best of my knowledge, I had paid taxes on all my income for 2007-08 and all years after that. How do I know what this amount is pertaining to? There are no details provided in the letter from CPC.

3. If this is indeed pertaining to AY 2008-09, why did this notice come to me after 3 years?

I am thoroughly confused. Can you please advise me on what I should do now?

Best regards,

- Anand 


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Gaurav
GM


[ Scorecard : 29]
Posted On 24 October 2011 at 15:54

Hi Anand

I am from Gurgaon and I too have received almost the same contents letter (amount is much more in my case) from CPC B'lore yday.

I too have been paying all my taxes and filing returns regularly.

I have been worried since morning if I need to pay this extra money.

The letter says arrears and when I checked section 245, it says something about refunds.

But i have never asked for a refund from the IT dept.

So its all a little confusing. Can someone explain if this money is to be paid to the IT dept?

 

Thanks

Gaurav

 

 



Total thanks : 1 times




Vanshul
Consultant


[ Scorecard : 24]
Posted On 24 October 2011 at 16:46

I got same letter yesterday and amount is Rs 16K

I think its some mistake as it should have reached us earlier in case there was some discrepancy

Shy should we pay interest when they havent asked us anything in year 2007-08?

Also i checked my Form 16 and total tax that year was deducted by my organisation so how this figure came now?

 

Also they should have provided some details on whom to contact and whatever they have privided is a ward name and we cant go to that office .

So forget about it in case you have all form16 and let them come back again




Vanshul
Consultant


[ Scorecard : 24]
Posted On 24 October 2011 at 17:03

Riase a grievance request through government website.Lets them check it




Venkat
abcd


[ Scorecard : 21]
Posted On 24 October 2011 at 17:48

I too received a similar mail yesterday for an amount of 49k for Assesment year 2008.  I am a regular tax payer and not sure where to complain about it ?




Bosco Menezes
n.a.


[ Scorecard : 48]
Posted On 25 October 2011 at 04:49

I too have received such a notice.

On searching, i noted that many people have received such notices in last 2 days :

Vishnu : http://www.caclubindia.com/experts/arrear-demand-notice-804850.asp

Hari & Madhur : http://www.caclubindia.com/forum/statement-of-arrear-demand-173115.asp

Anand ,Gaurav, Venkat (current thread) : http://www.caclubindia.com/forum/communication-on-arrear-demand-173214.asp

Shraddha : http://www.caclubindia.com/experts/communication-on-arrear-demand-805220.asp

A.S.Maniyar : http://www.caclubindia.com/experts/intimation-u-s-245-from-cpc-banglore-804600.asp

Vanshul : http://www.caclubindia.com/experts/arrear-demand-notice-for-year-2008-804930.asp

Some more people have complained about the same on LawyersClubIndia too. So it appears many such notices have been mailed in last few days.

I remember there was a glitch last year & many people were sent out demand notices errorneously. Same was reported in Times Of India at that time. Has the same happened this year, i wonder.

 

Anyway, 2 questions from my side :

(a) Since my " Communication Of Arrears Demand" just says AY is "2008", does this mean AY 2008-09, or AY2007-08 ?

(b) Isn't it too late to be issuing notices for AY 2007-08 or even AY2008-09 ? Isn't there a statutory period to issue such notices ?



Total thanks : 1 times



Anand Bhattacharya
Research Scientist


[ Scorecard : 29]
Posted On 25 October 2011 at 11:15

Feeling relieved after seeing so many people receiving similar notifications. So what do we do now? Shall we simply ignore the letter or respond (Regd Post A/D) to the Assessment Office asking for detailed explanation? Can we also CC the response to some central office, like that of the Finance Minister?

- AB




Vanshul
Consultant


[ Scorecard : 24]
Posted On 25 October 2011 at 11:17

Ignore for the timebeing.Just keep filing your taxes for coming years.

Atleast they should have added some annexure showing why we need to pay this tax but they didnt




NJR..
Practice


[ Scorecard : 341]
Posted On 25 October 2011 at 11:59

Dear All,

Communication recd with Subject line "Communication on Arrear Demand" is in response to recent move by the CA fraternity against adjustment of very old demands agst refund due of Asst Yr 09-10 / 10-11.

Various associations had raised their voices agst such kind of wrong adj. by CPC without knowing genuineness / existance of such demands. CPC Authorities incl. Commr. (CPC) has replied in defence that they have provided training to the Jurisdictional ITOs to upload data relating to Old Outstanding Demands from their DC Register. ITOs have uploaded the data but without taking into account any pending rectification application & its processing. So CPC had no choice then to adjust said outstanding demands against refund dues eventhough wrong demands.

When any assessee receives Intimation u/s 143(1) as per which Refund receivable is adjusted against any old outstanding demand, pls check the records pertaining to that asst yr. to verify whether demand raised/adjusted is correct or not. As per Intimation if they say AY 2008 that means Demand adj pertains to Asst Yr. 2008-09 (i.e. yr end 31.03.2008).

If as per the record of the assessee demand is correct but said demand has already been paid then one can write letter for rectification to the Jursidictional ITOs (not to CPC, Banglore) & claim refund for that Asst Yr (i.e. for Asst Yr 2008-09).

In most cases, old demands relates to pending rectifications. In that case, give reminder to rectify & request refund of demand wrongly adjusted. Local Assessing Officer have issued refunds in many cases of the similar nature & they are bound to do it.

Communication recd from CPC with this subject line is just to clarify their stand as who will rectify the wrong adjustment of demand so that no confusion regarding procedure to be followed in such cases.

Regards,

 

 

 



Total thanks : 2 times



Nitin
Audit and Accounts Executive


[ Scorecard : 64]
Posted On 25 October 2011 at 12:06

Dear All,

Please contact to your assessing offer with your notice and show him your problem



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