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How to address problems in intimations under 143(1)?

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CA. Arpita Singhal (Partner) (100 Points)
Replied 11 May 2011

Originally posted by : U S Sharma

under so much discussion, wen the credit is not reflected in intimation u/s 143(1), get ensure 1st with 26AS about your tax credit through TDS, then file rectification u/s 154, otherwise the whole exercise will not fetch anything. CPC does not belive the paper documents unless the credit is reflected on NSDL site.

in that case Mr. Taxpayer first of all check the assessment year of the intimation & check what is the status of 26 AS for that assessment year...you have not anywhere mentioned abot the assessment year. Again my suggession will b the same ..if there is difference in 26 AS contact the Dedutors as well as file rectification.
 

1 Like


HonestTaxpayer (Software Engineer) (103 Points)
Replied 11 May 2011

Originally posted by : U S Sharma

under so much discussion, wen the credit is not reflected in intimation u/s 143(1), get ensure 1st with 26AS about your tax credit through TDS, then file rectification u/s 154, otherwise the whole exercise will not fetch anything. CPC does not belive the paper documents unless the credit is reflected on NSDL site.

Which basically means following up with the TDS deductors ... right?


HonestTaxpayer (Software Engineer) (103 Points)
Replied 11 May 2011

Originally posted by : CA. Arpita Singhal



Originally posted by : U S Sharma

under so much discussion, wen the credit is not reflected in intimation u/s 143(1), get ensure 1st with 26AS about your tax credit through TDS, then file rectification u/s 154, otherwise the whole exercise will not fetch anything. CPC does not belive the paper documents unless the credit is reflected on NSDL site.

in that case Mr. Taxpayer first of all check the assessment year of the intimation & check what is the status of 26 AS for that assessment year...you have not anywhere mentioned abot the assessment year. Again my suggession will b the same ..if there is difference in 26 AS contact the Dedutors as well as file rectification.
 

Yea I think I did mention it. In case i did not, this is assessment year 2010-2011. So 26AS for that year does not reflect these TDS credits. So while I agree I have to follow up with TDS deductors, a parallel communication with IT dept. would help in intimating them that im not sitting on their letter.


U S Sharma (glidor@gmail.com) (21056 Points)
Replied 11 May 2011

Originally posted by : HonestTaxpayer




Which basically means following up with the TDS deductors ... right?

absolutely NO

say you paid a challan for incometax and banker credited the amount in wrong PAN number, CPC will not allow u that challan at all, and u would run piller to post to get challan in hand, ultimate result is frustation, coz incometax department rely their NSDL site, nothing else. in that case you would have to go to bank and request them to make correction so that it would appear on NSDL under your PAN

but, how you will know about the facts? neither CPC/ incometax department nor the bank would point out the actual mistake, but form 26AS would show you that how much challan u deposited, and how much it got credited, in case of mismatch, u can be able to check with NSDL with CIN printed on challan that where it got credited, and follow up the bank to rectify the same.

similer way, sec 154 rectification would be your favor only if NSDL credcit is in your PAN name and correct, otherwise you would stay in dark and never come to know where your tax deducted gone,

if you visit deductor, they will keep you aside that they have issued form 16/16A, and they can not do anything, if u go to incometax, they will reply that unless its display on NSDL they wil not allow.

with form 26AS, u can match your 16/16A in hand and can be able to point out, which entry is missing, then you can visit the deductor to get the entry corrected. and if all entries are found in order as per 16/16A in hand then you have to file rectification u/s 154 with smile and copy of 26AS, coz incometax department will have to honour NSDL records. 


CA. Arpita Singhal (Partner) (100 Points)
Replied 11 May 2011

Originally posted by : U S Sharma




Originally posted by : HonestTaxpayer







Which basically means following up with the TDS deductors ... right?






absolutely NO

say you paid a challan for incometax and banker credited the amount in wrong PAN number, CPC will not allow u that challan at all, and u would run piller to post to get challan in hand, ultimate result is frustation, coz incometax department rely their NSDL site, nothing else. in that case you would have to go to bank and request them to make correction so that it would appear on NSDL under your PAN

but, how you will know about the facts? neither CPC/ incometax department nor the bank would point out the actual mistake, but form 26AS would show you that how much challan u deposited, and how much it got credited, in case of mismatch, u can be able to check with NSDL with CIN printed on challan that where it got credited, and follow up the bank to rectify the same.

similer way, sec 154 rectification would be your favor only if NSDL credcit is in your PAN name and correct, otherwise you would stay in dark and never come to know where your tax deducted gone,

if you visit deductor, they will keep you aside that they have issued form 16/16A, and they can not do anything, if u go to incometax, they will reply that unless its display on SDL they wil not allow.

with form 26AS, u can match your 16/16A in hand and can be able to point out, which entry is missing, then you can visit the deductor to get the entry corrected. and if all entries are found in order as per 16/16A in hand then you have to file rectification u/s 154 with smile and copy of 26AS, coz incometax department will have to honour NSDL records. 

thats what Mr. Taxpayer is sayin Mr. Sharma...26 AS not showing any credit for TDS...now what do u suggest?

i would also like to be updated on this.




U S Sharma (glidor@gmail.com) (21056 Points)
Replied 11 May 2011

@ Arpita

I have gone through whole thread, nowhere Mr Taxpayer has confirmed 26AS, but he is insisting only form 16, and when asked for cross check, he is getting afraid to face the deductor.

 

this is only lack of awareness in india.


HonestTaxpayer (Software Engineer) (103 Points)
Replied 11 May 2011

Originally posted by : U S Sharma

@ Arpita

I have gone through whole thread, nowhere Mr Taxpayer has confirmed 26AS, but he is insisting only form 16, and when asked for cross check, he is getting afraid to face the deductor.

this is only lack of awareness in india.

I think I did refer to form 26AS a couple of times in the thread like ... 

 

"I just checked my form 26AS online. Indeed there is no entry in there under TDS :( Basically Im retired now. My employer (Home ministry) paid me some dues and claimed they have deducted TDS. The other TDS was claimed by SBI on some of my FDs. So net net either these parties havent yet paid the tax or the info they supplied to IT dept is incorrect."

"Let me quote the differences in the form 26AS and form16 issued to me and ask them the reason. "

I agree im not probably as aware as other esteemed people on this thread but why should I be afraid of facing the deductor. What instead scares me is how long all this will take and the fact that govt. parties are involved in this and we all know how prompt they are.


U S Sharma (glidor@gmail.com) (21056 Points)
Replied 11 May 2011

visit the deductors with your form 26AS and form 16/16A, and direct ask the reason for not reflecting in your 26AS, they can not reject your query, as the 26AS is generated with NSDL and they have issued form 16/16A with NSDL return submission only, so any misconduct or wrong data submission may take them in big trouble.

dont get afraid, if u feel that it would take more time, then file for rectification and follow up them, and keep check, coz unless its published on NSDL site, rectification would not fetch anything.


U S Sharma (glidor@gmail.com) (21056 Points)
Replied 11 May 2011

to get 200% sure, check the form 26AS for earlier years, and match data with your provided records.

I feel that there is mismatch of PAN number with your employer, i.e they dont have your correct PAN details.


U S Sharma (glidor@gmail.com) (21056 Points)
Replied 11 May 2011

@ sir

getting afraid was meant for delay in compliance by the deductors, nothing else, dont take it personally.




HonestTaxpayer (Software Engineer) (103 Points)
Replied 11 May 2011

Originally posted by : U S Sharma

visit the deductors with your form 26AS and form 16/16A, and direct ask the reason for not reflecting in your 26AS, they can not reject your query, as the 26AS is generated with NSDL and they have issued form 16/16A with NSDL return submission only, so any misconduct or wrong data submission may take them in big trouble.

dont get afraid, if u feel that it would take more time, then file for rectification and follow up them, and keep check, coz unless its published on NSDL site, rectification would not fetch anything.

Yea I did check for my earlier years 26AS, when I was salaried my TDS deductions are all there. So there is less likelihood of an incorrect PAN. Not sure abt the bank though since its the first time they have deducted TDS. 

" @ sir

getting afraid was meant for delay in compliance by the deductors, nothing else, dont take it personally."


Got that :) Not taken personally for sure. 

Infact Im very grateful to you and many others on this forum. Im very pleasantly surprised by the kind of activity on this forum. You people are doing some really tremendous job.



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