Asst. Order u/s 143(1) for AY 2007-08

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This query is : Resolved

CA Avinash Haldia (Querist)

30 May 2009 Return of income tax was filed online.

Detail of TDS and investments were filled in the required colums.

Short Term Capital Gains was shown and also short term capital loss was also shown in the columns provided.

ITO did not consider TDS at all. Net Short term Capital Gain was also calculated at normal rate of tax.

ITO also levied interest u/s234B, 234C and raised demand for Income Tax and Interest.

Actually, after considering TDS amount and calculation of tax at 10% on STCG, there is a refund due.

Apparently, ITO did not verified the details and did not tried to get the detail of TDS from the Deductor's TDS returns. He failed in his duty and not only increased the task of the Department, raised a false demand but also caused trouble to the tax payer.

How to deal this issue under RTI Act? Whether the assessment order will be rectified on the basis of RTI application or a separate Rectification application will be needed?

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

30 May 2009 My view is ,file a rectification application u/s 154 (2) (b) of the Income tax act,1961.

Deepak Goel

Deepak Goel (Expert)

30 May 2009 You can file rectification application u/s 154 (2) (b.

CA Avinash Haldia

CA Avinash Haldia (Querist)

30 May 2009 Rectification application is a standard ancient practice for getting a wrong done by the officer, right.

RTI application should also do the trick as AO can also do the rectification, else, he will be held responsible for not doing the task judiciously.

How far this thinking is right? Please elucidate.

Deepak Goel

Deepak Goel (Expert)

30 May 2009 Thru RTI AO can not rectify. RTI only for get information.

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