APPEAL
This query is : Resolved
21 March 2011
JA SHREE KRISHNA
SIR I HAVE PAID INTEREST ON UNSECURED LOAN AND DEDUCTED TAX AT SOUCES. AFTER THIS I FILED MY TDS RETURN BUT BY MISTAKE OPERATOR OF NSDL IS WRITTEN TOTAL LOAN AMOUNT INSTEAD OF AMOUNT OF INTEREST AFTER THIS IT DEPT. RAISED A HUGE DEMAND AGAINST ME FOR LOW DEDUCTION OF TDS AND PASSED THE ORDER U/S 201(1)(1a) , IF I WANT TO GO FOR APPEAL TO CIT(A0, WHAT IS IN GROUNDS OD APPEAL AND WHAT IS STATEMENT OF AFCTS, PLEASE TELL ME IN DETAIL BY WHICH I FILE MY APPEAL.
THANKING YOU
SIR I HAVE PAID INTEREST ON UNSECURED LOAN AND DEDUCTED TAX AT SOUCES. AFTER THIS I FILED MY TDS RETURN BUT BY MISTAKE OPERATOR OF NSDL IS WRITTEN TOTAL LOAN AMOUNT INSTEAD OF AMOUNT OF INTEREST AFTER THIS IT DEPT. RAISED A HUGE DEMAND AGAINST ME FOR LOW DEDUCTION OF TDS AND PASSED THE ORDER U/S 201(1)(1a) , IF I WANT TO GO FOR APPEAL TO CIT(A0, WHAT IS IN GROUNDS OD APPEAL AND WHAT IS STATEMENT OF AFCTS, PLEASE TELL ME IN DETAIL BY WHICH I FILE MY APPEAL.
THANKING YOU
21 March 2011
1). File a revised TDS return through NSDL portal
2). Order us 201 can be appealed u/s 246A(1)(ha).
3). Statement of facts may be drafted as follows:-
1. The appellant is an assessee before the Income tax officer, ward... with PANo.....The appeal relates to the assessment year-------
2. The appellant had borrowed an amount of rs.....from...... bearing interest @...% per annum. The said loan as well as the interest due thereon were properly accounted in the books of accounts. The appellant had also correctly deducted income tax @...% on the interest and the said tds were remitted to the government in time. However, while filing the TDS return, by mistake, the loan amount is shown as interest paid thereby ,prima facie ,it appears that there is short deduction of income tax from interest. The assessing officer based on the above view passed orders u/s 201(1)(1a) of the Income tax Act,1961.
3. The appellant is aggrieved by the above said order and hence prefers this appeal.
4).Grounds of appeal may be drafted as follows:-
1. The order of the Income tax officer is against facts and law of the case.
2. The appellant had revised the tds return on------- thereby corrected the clerical mistake occurred while filing the original tds return thereby the technical violation has been completely curred.
3. The appellant ,therefore, pray that the appeal may be admitted and orders may be passed rendering justice to the appellant.
4. Any other grounds that may be let in at the time of hearing.
2). Order us 201 can be appealed u/s 246A(1)(ha).
3). Statement of facts may be drafted as follows:-
1. The appellant is an assessee before the Income tax officer, ward... with PANo.....The appeal relates to the assessment year-------
2. The appellant had borrowed an amount of rs.....from...... bearing interest @...% per annum. The said loan as well as the interest due thereon were properly accounted in the books of accounts. The appellant had also correctly deducted income tax @...% on the interest and the said tds were remitted to the government in time. However, while filing the TDS return, by mistake, the loan amount is shown as interest paid thereby ,prima facie ,it appears that there is short deduction of income tax from interest. The assessing officer based on the above view passed orders u/s 201(1)(1a) of the Income tax Act,1961.
3. The appellant is aggrieved by the above said order and hence prefers this appeal.
4).Grounds of appeal may be drafted as follows:-
1. The order of the Income tax officer is against facts and law of the case.
2. The appellant had revised the tds return on------- thereby corrected the clerical mistake occurred while filing the original tds return thereby the technical violation has been completely curred.
3. The appellant ,therefore, pray that the appeal may be admitted and orders may be passed rendering justice to the appellant.
4. Any other grounds that may be let in at the time of hearing.
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