15g/15h submitted but income is taxable.


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Querist : Anonymous

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Querist : Anonymous (Querist)
29 July 2013 I know that it illegal to give 15G/H if the income is taxable but does anybody really gets prosecuted? Specifically, if one has paid all the taxes due to him for relevant FY and filed the return on time by self assessing. Further the return has also been cleared by IT Dept. at nil demand/refund. The only reason for submitting 15G/15H was to avoid excessive TDS deduction and the refund processing overhead thereof as the new Website TRACES is still not 100% when it comes to claiming/getting refunds. I had a very bad experience when it comes to getting refunds as the TDS was not reflected in 26AS due to mistakes not attributable to me but to the deductor.

Secondly, if yes one indeed can get prosecuted then how can one rectify the mistake of giving 15g/15h for past FY 2012-13,2011-12 etc.

Thirdly, What else can be done to get the refunds if they have not been processed even after visiting dept. in person and giving an application and doing all the formalities thereof.

29 July 2013 Ans to first question on this link.

https://www.caclubindia.com/articles/details.asp?mod_id=18034

Ans2. then he / she need to intimate jurisdictional ao for rectifying mistake and file return of income along with the rtax payable to be paid.

Ans3. for getting refund only way is to file itr.

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Querist : Anonymous

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Querist : Anonymous (Querist)
30 July 2013 1. The link that you gave me only confirms that there is a legal punishment for false declaration. I also agree to that. But what I am asking is that practically does anybody gets prosecuted? I mean IT Dept. people must also acknowledge the problem with new TRACES Website and one of the Worst Helpline centres which provides no information about the Status of the Correction TDS returns filed by the Deductor. It not transparent at all. No one knows when a deductor files incorrect return or what is the status of corrected revised return if any filed by him.

Also if one's tax liabilities are clear then does it make sense to prosecute him just for false declaration. I mean how many people with all dues clear have been prosecuted for mere a wrong declaration. They must also acknowledge the problems related to the new TRACES website.

2. You advised me that I contact AO but what about the harassment that I will face and then so much money I have to pay as bribe. I don't feel like contacting them for such problem or for revising my returns.

3. I have filed the ITR for which refund was there and also claimed the refund. Almost 3 times I have submitted application along with TDS certificates original and cover latter from deductor confirming that TDS was deducted. I also attached the ITR copies but nothing has been done so far. I even contacted the TRACES helpline but no reply from there as well. The refund was for AY 2009-10 and 2010-11. I am basically seeing a dead end here and have lost hope in this whole system.

I hope anybody can give me some fruitful advise here.


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