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Income tax issue

Anadi Kaistha (Sr Mgr) (30 Points)

02 August 2015

Hi,

I am facing a problem related to income tax for AY 2013-14.

Mistakenly I had punched wrong TAN of deductor while filing the income tax return (ITR) for AY2013-14 for which i got demand notice from IT department. I filed revised return with correct TAN but again received the notice. Further, i observed that table-2 in latest communication (where details of unmatched TDS/TCS claims are mentioned), TAN of deductor was correctly mentioned.

Apart from this, i rechecked 26AS for AY2013-14 that reflects status of booking as "P" under part A .

I am unable to understand that even after rectification in the TAN of dedcutor why claim notification is being sent by the IT department.

Regards,

Anadi

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11 Replies

Udgam Koomar (Tax Technologist) (1949 Points)
Replied 02 August 2015

The status should be F in 26AS. Also there is mismatch between 26AS team and CPC. You call the CPC helpline, generate a ticket number and with this ticket number send a gmail to the 26AS team with the complete issue.

S. Shiroor (Others) (1207 Points)
Replied 02 August 2015

If the deduction is by Govt organisation - status 'P' is allowed. if it is other than Govt organisation then status 'F' is necessary. You have to ask the deducter [ with status' P'] to rectify his TDS return. if the TDS return is filed correctly you will see status 'F' on third day after TDS rectification . Then just rectify the IT return and file. Same thing happened with me 4 years back. None of the TDS with status 'P' was taken by CPC bangalore.

gbalakrishnan (owner) (1373 Points)
Replied 02 August 2015

better issue a legal notice to AO concerned who signed the notice, err is human repent is divine, that you punched by error a wrong TAN number, when you wanted to rectify that is indeed a natural justice under Art 14, why you should be harassed?, if this continues for yr error you would move high court under Art 226 a writ mandamous... see the magic rectification automatically takes place, after all it is your fundamental right cannot be torpedoed by any, per constitution of india...in your peition you can ecen say these kinds notices really promote corruption

gbalakrishnan (owner) (1373 Points)
Replied 02 August 2015

none can say just because you made an error, thanks to their so called forms, you could be penlised for their plans of so called formats, formats are not sacrosanct like rule of law that constitution of india , not the so called chemelon type every changing tax rules by so called finance acts, besides you are paying taxes on your capacity to generate revenues, if you do not have income revenues how could the govt of india think of taxing ou, that is real spirit of any contractual understanding, so breach of main contractual terms could not allow the revenue collector to harass you, if he dies he indeed could be liable u/s 506 of cr.p.c

S. Shiroor (Others) (1207 Points)
Replied 02 August 2015

Just try to do the following

1] Go to efiling website - down load the java utility for AY 2013-14.

2] Extract the .jar file in the ay 2013-14 folder

3] open the jar file You must have the java utility for this.

4] click prefill which is at top. -give efiling Id [ PAN] and password and give appropriate option for pre-filing [ your internet must be on at this stage ]

5] After 5 seconds three tabs [forms] gets filled in automatically viz General , TDS and IT

6] your personal details , TDS and IT is automatically taken from your 26AS statement

7] Now compare TDS with the previously filled return utility. The Non-Government entry with status 'P' may not be automatically loaded ..

Shiroor

Structural Design Consultant for Bridges.

gbalakrishnan (owner) (1373 Points)
Replied 02 August 2015

why one need to follow complicated procedure that cannot be made complicated , when complicated one can invole action under fundamental rights under natural justice be read with art 14 is my view, there is no more superior authority with revenue exsts but it has to work under constitutional tenets only, the statutes cannot supersede constitution as without constitution there is no governments in india sir.

gbalakrishnan (owner) (1373 Points)
Replied 02 August 2015

CAs might follow, as a service provider , but tax payer is not necessarily work under complicated procedure after all ideation if not easily decoadble tax payer cannot be taken for a ride by any authority is the constitutional tenents that is amply clear under art 265 by due procedure of law not necessarily by a complicated statutes , more so if the communicability is at the lowest edge. decoding is the basic problem as communication communicabilityis not so very easy.

if decoding is easy why the revenue faces several cases at courts and in a lot of cases revenue loses, when so what great nique power you could bestow on revenue!

gbalakrishnan (owner) (1373 Points)
Replied 02 August 2015

natural justice is vital n every circumstance, if it fails that statute is liable to be quashed or sections could be severedunder doctrine of severability pls

gbalakrishnan (owner) (1373 Points)
Replied 02 August 2015

u need not be subservient like a slave to the govt after all u r in a vibrant democracy run under parliamentary democracy.

if any arbitrary role is found in governance, you as a citizen can right roylly question

Hitesh Khanna (Accounting & Finance Taxation Company Law Audit ) (839 Points)
Replied 03 August 2015

With due respect and regard to the suggestions discussed above, in case your file for AY 13-14 was not subject to Audit, I would suggest you to talk at the toll free help line given in Efiling website and ask them to guide you through the process.