Dear Mr. U S Sharma / NJR and other expert Forum members,
I have also received a similar intimation (Communication on Arrear Demand) from CPC, Bangalore for 13,925/- for AY 2008-09, on 5th November 2011. I’ve read all the posts in this forum, I’m posting here, as my case is slightly different, and I request your expert opinion on this.
The fact is that, I joined my employer in May 2007 as Management Trainee (on Contract Basis), so my TDS was deducted flat 10.3% from my monthly salary. Ultimately total TDS deducted was around 33k. For filling my returns, I approached a CA and filed my returns for AY 2008-09 claiming a return of 22k based on the Form 16A.
- when actual form 16A was 33K and you claimed 22K, where did the balance 11K gone, in drawings or somewhere else? in funds flow statement what sumery your CA suggests for shortfall of 11k?, despite of fact that your 26AS did not displayed the full amount, you had to claim the same and get rejected, again file rectification u/s 154,
- Net Tax Payable as per the calculations done by the CA came to Rs. 11k. Hence we claimed refund for the balance 22k. Since this was my first ever IT return filing, I didn’t know much about Form 26AS. Subsequently I got to know the importance of Form 26AS.
- why did not you get in touch with deductor for revision of their TDS returns, and what did it made delayed for more than years to rectify?
- In the subsequent year (AY 2009-10), when I filed my returns, I checked for Form 26AS, only then I noticed that the TDS entries for AY 2008-09 are still pending for 5 months, I approached my deductor (Company IT Filings are managed in Gurgaon, and I’m placed at Chennai), So it took me couple of weeks to ask them do it. After 15-20 days entries for 2 months were updated by March 2010. When I approached them, they said its March, wait up to April, and then we’ll follow-up. In April when the entries were not reflected, I had to approach again and then finally all the entries were reflected by July 2010.
For all my further IT returns for AY 2009-10, 2010-11, 2011-12, I have filed and even received refunds from CPC/IT department.
But for AY 2008-09 particularly the TDS deducted was not fully reflecting in my Form 26AS. Only in July 2010, the entire TDS deducted for the AY 2008-09 was reflected in my Form 26AS. I checked up with my CA, for a way to claim my refund, He said, since the records have been updated recently in the Form 26AS, the only way is to wait.
- its a cock and bull story, such refunds can not be claimed.
- Even for my friends who joined with me, had similar case, few of them got their refund by 2010 end and few got in July 2011.
Ever since I have been expecting a refund, but suddenly today I find this intimation to my horror, informing me that I’ve an arrear of 13.9k to be adjusted with my refund.
- refund without claim? do you think that out Incometax department can call you and ask you file the claim?
- I assume ITR filed for AY 2008-09 with a claim for a refund of 22k is the claim from our end. All the subsequent years I filed similarly and got refund for AY 2009-10 also. For AY 2010-11 & AY 2011-12 I had NIL refund, so I received confirmation from CPC for the same. Kindly guide me, if anything else I could have done for AY 2008-09.
- as you had got refund, you must have preserved the intimation u/s 143(1), reconcile the same with the data provided in your letter, and then proceed with the procedure.
- I got refund only for AY 2009-10. Now for AY 2008-09, please suggest the procedure to claim my refund as well as clear this arrear demand.
I suppose, in my case, I need to claim refund (22k) after clearing this demand (13.9k) both in Demand Register and in CPC database.
I sincerely request all your guidance on this for me to proceed further. Thanks in Advance…