Refund of tds-fy 2006-2007

Shravan (service) (95 Points)

12 April 2012  

I was issued a notice under Section 143(1)  for the FY 2006-2007when I was staying at Kolkata

I submitted the required papers & My assessment  was completed on 31.12.09 accepting my return in all respects and letter to the same effect issued to me.

However, although a TDS of Rs 10,000/- was claimed by me, the ITO did not take that into consideration writing in the order that the original TDS certificate has not been submitted to him & hence he has not considered the same.

By the time I got the order in my hand (3rd June 2010), I had already shifted to Delhi & could not follow up the case personally but pursued the refund through letters sent by Speedpost. All speedpost  reciepts of the letters sent are available with me

I got no response from the department although I sent several letters.

I recently got in touch with the Ward ITO on phone to request him to expedite my refund.

I sent him the ITO order of 143(1) & the TDS certificate xerox & the NSDL printout showing that the TDS of Rs 10,000 had duly been credtited to me

The ITO who passed the original 143(1) order retired in the meanwhile& his successor is now asking me verbally to submit my balance sheet , P&L account etc. again for refunding the TDS.

He has refused to give anything in writing till now & has not even acknowledged any letter.

 

My query is that is the ITO justified in asking me verbally  to submit these papers again as the assessment has already been completed & only the TDS refund is pending.

 

Thanks for advising