Difference between tax deducte and tax deposited
This query is : Resolved
24 November 2013
Dear Sir,
Mrs. X has filled AY 2013-14 e-itr1 and there is difference between deduction and deposited amount of taxes. Now, IT dept. has issued demand notice.
2. Mrs X has filled her ITR1 AY 2012-13 & 2011-12 manually and IT dept. has issued demand notice in Jan. 2013. She's govt. employee and didn't have other income. What we should do?
Please help asap.
Regards
Vikas
Mrs. X has filled AY 2013-14 e-itr1 and there is difference between deduction and deposited amount of taxes. Now, IT dept. has issued demand notice.
2. Mrs X has filled her ITR1 AY 2012-13 & 2011-12 manually and IT dept. has issued demand notice in Jan. 2013. She's govt. employee and didn't have other income. What we should do?
Please help asap.
Regards
Vikas
24 November 2013
it means that the employer may have deducted the taxes but may not have deposited the same or may have deposited a lesser amount with the government.
ask her to check with her employer. Also check the TDS credit in Form 26AS.
ask her to check with her employer. Also check the TDS credit in Form 26AS.
25 November 2013
correctly said.
26 November 2013
Nikhil Sir! Thanks
But If employer refused to revise the TDS return what is the solution? Deductee has to pay again against Demand Notice? Or deductee can leave because of its old notice?
Please resolve my queries.
Regards
Vikas
But If employer refused to revise the TDS return what is the solution? Deductee has to pay again against Demand Notice? Or deductee can leave because of its old notice?
Please resolve my queries.
Regards
Vikas
26 November 2013
1. No. you cannot leave it. because demand will continue
2. In case the employer refuse to revise the return, tell him that you are making a submission to the income tax department stating that the employer has deducted taxes but has refused to pay it to government. This should do the trick as such a submission would result in enquiry being instituted against the employer.
With regards to your your demand liability, you can submit copy of Form 16 to the tax office along with the above submission. You can refer to Delhi High Court Decision in Citicorp matter for claiming TDS credit even if the Form 26AS doesnt reflect the credit.
https://itatonline.org/archives/index.php/citicorp-finance-india-ltd-vs-acit-itat-mumbai-tds-credit-must-be-given-eeven-if-tds-certificate-is-not-available-entry-is-not-shown-in-form-26as/
2. In case the employer refuse to revise the return, tell him that you are making a submission to the income tax department stating that the employer has deducted taxes but has refused to pay it to government. This should do the trick as such a submission would result in enquiry being instituted against the employer.
With regards to your your demand liability, you can submit copy of Form 16 to the tax office along with the above submission. You can refer to Delhi High Court Decision in Citicorp matter for claiming TDS credit even if the Form 26AS doesnt reflect the credit.
https://itatonline.org/archives/index.php/citicorp-finance-india-ltd-vs-acit-itat-mumbai-tds-credit-must-be-given-eeven-if-tds-certificate-is-not-available-entry-is-not-shown-in-form-26as/
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