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Communication on arrear demand

Page no : 5

Kamlesh Uttam (Engineer) (23 Points)
Replied 07 November 2011

@ Balaji.

thanx, but net payable should be NIL if i had filed ITR correctly.

 



U S Sharma (glidor@gmail.com) (21056 Points)
Replied 07 November 2011

Originally posted by : Arul Victor

Dear Mr. Kanagaraj / Mr. Balaji / Mr. U. S. Sharma

 

First of all, Thank you all for your prompt and reassuring replies. I will follow the suggested guidelines.

 

@ Mr. U. S. Sharma,

Yes, I’ve received the demand intimation u/s 143(1) with Nil interest u/s 220(2). The intimation details are:

 

AY – 2008-09

Section – 143(1)

AO (Intimating Demand) – ITO Ward III (1), Chennai

Demand Amount – 13,925/-

Interest U/S 220(2) – 0

Interest Calculated till / date for demand upload – 30.12.2010

if you received demand, and had belief that such demand is passed in error, you had option to file rectification u/s 154 within 30 days of communication of demand, (and by that time you had got your 26AS rectified also)

ask your CA for possible remedies , and is it still have time to file an appeal or not.

1 Like

U S Sharma (glidor@gmail.com) (21056 Points)
Replied 07 November 2011

Originally posted by : Kamlesh Uttam

@ Balaji.

thanx, but net payable should be NIL if i had filed ITR correctly.

 

department always belive that the return is filed correctly, and if not filed correct, assesee has right to revise it within time limit prescribed.

there is no use to cry on self made blunders, accept the fault and be sure in future not to make such errors.


Prabhakar (Consultant) (21 Points)
Replied 08 November 2011

Dear Friends,

Continuation of the above debate, I received an intimation too , for the AY 2003-04. I may not even have the income tax returns 8 years old. I never received any intimation under section 143(1) either. Please let me know the appropriate action.

Thanks a lot.


U S Sharma (glidor@gmail.com) (21056 Points)
Replied 08 November 2011

Originally posted by : Prabhakar


Dear Friends,



Continuation of the above debate, I received an intimation too , for the AY 2003-04. I may not even have the income tax returns 8 years old. I never received any intimation under section 143(1) either. Please let me know the appropriate action.



Thanks a lot.

ask your ITO/CPC to provide the copies of intimations u/s 143(1)/143(3) as the case may be.




kanagaraj (CHARTERED ACCOUNTANT) (793 Points)
Replied 08 November 2011

Dear Uttam,

Your point is correct in the case of revised return. But my point is to file the rectified return stating the exact reason in the space provided by the CPC

regards


Balaji (Knowledge Seeker) (317 Points)
Replied 08 November 2011

Originally posted by : Kamlesh Uttam

@ Balaji.

thanx, but net payable should be NIL if i had filed ITR correctly.

 


I understand but the chances of a rectification at this stage seem difficult.However,no harm in trying and I wish you well.


Uma (SVP) (22 Points)
Replied 08 November 2011

Hi

I received the same communication and i spoke to my Assessing Officer, who notd my details and called me back in an hour's time clarifying the reasons why such demand was raised. In AY 2007-08, it was due to the fact that I efiled my return but i did not send my Form 16, along with the ITRV to the assessing officer, so the TDS was not accounted for. Now i only needto send the Form 16 and seek withdrawal of demand.

In the year 2008-09 I did not file IT return in time plus there was delay in remitting the self assessment tax, so theer was an interest amount of <1000. I just have to epay the tax, enclose the challan copy and write to Assessing officer for closing the matter.

Once i get his reply closing  the matter, i have to mark a copy to the CPC to end the matter.

I am so very pleased with the prompt claification that too over phone given by the IT officer. My respect for people in Public service is greatly enhanced by his gesture.


Arun Mohan (Engineer) (23 Points)
Replied 08 November 2011

HI All

 

I have got an arear demand for AY 2007-2008 and 2008-2009.

I had not filed my returns for this year as i was not in india this time.

I have my form 16. Please anyone let me know what is to be done?

 

Thanks in advance

Arun

 


Arun Mohan (Engineer) (23 Points)
Replied 08 November 2011

@ Uma

 

Please give me the contact information for the officer . Were you asked to file 2008-2009 returns now?




kanagaraj (CHARTERED ACCOUNTANT) (793 Points)
Replied 08 November 2011

Dear Arun,

How can an officer passed the order without filing any returns?Also you were not in India during the FY and you may contact the ITO of your jurisdiction and asked to produce the copy of the order and thereafter you may file rectification return, if necessary.


Balaji (Knowledge Seeker) (317 Points)
Replied 08 November 2011

Dear Uma,

It is always a pleasure to hear about such nice souls in the Department.

Could you please clarify as to where you need to send the Form 16 for A.Y.2007-08 - is it to CPC,Bangalore from where you received the Communication or to your jurisdictional Ward?

Thanks.


Arun Mohan (Engineer) (23 Points)
Replied 08 November 2011

Hi Kanagaraj

 

Thanks for your reply. I meant that i didnt file returns during those years and i got an email intimation

from CPC to pay an arrears of around 40K together for two AY'rs.

 

So you are suggesting me to go to the concerned officer with my form 16 and file a return?


Uma (SVP) (22 Points)
Replied 08 November 2011

the communication from the CPC clearly states that the matter can only be taken up with the AO concerned. it is the AO to whom we have to send the requisite documentation, as required by him. AO has the authority to revise the claim / close the matter.



U S Sharma (glidor@gmail.com) (21056 Points)
Replied 08 November 2011

@ all 

 

when TDS is deducted u/s 194A or 194C or 194J, and gross amount exceeds exemption limit, department ask the assessee to file return, and in absence they does it with best judgement assessment, intimatino is also conveyed to the assessee, 

most of assessee are unware of such procedure and about half of incometax assessee have wrong or old address in pan database, so they are not getting communicated properly.

keeping your record updated and filing returns on time is only solution to avoid such unpleasent situations.



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