Fake Challan in ITR by Loan Agents

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A client is facing a tax demand of £88,000 for AY 2023-24 after loan agents filed a revised ITR with a dummy challan. The original return showed no tax liability, but the revised one did. The current tax professional is unable to file an updated return to reduce the liability to zero because the revised return shows a higher tax amount than the original. The core issue is that the loan agent needs to acknowledge their involvement for rectification, and the client's current tax professional is seeking advice on how to proceed, especially to safeguard themselves from potential repercussions.

Johnabh26

Johnabh26 (Querist)
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29 May 2024 Respected Experts,

One Client approached me with a Intimation Notice of 143(1) with a Demand Raised for 88K pertaining to AY 2023-24.

Actually, the Client has filed an Original Return with 490K as Net Income and NIL Tax

Whereas while applying loan, the bank agents filed an Revised ITR with Tax Liability of 88K and Filed with Dummy Challan.

Now the Demand Raised for the 88K Tax Liability,

The Client doesnt aware of this and asked me to resolve the same.

I try to file an Updated Return U/s 139(8A) by reducing the Liability as Zero.

But the ITR Filing is not allowing me to file since the liability is less when compared to previous return.

My Question is;

Since the Client doesnt aware of this issue, kindly suggest how to resolve this.

Request your valuable advise

if necessary will provide the file and pay necessary fee.

thank you !

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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30 May 2024 The issue can be resolved only if the loan agent accepts his interference in the ITR filing.

Johnabh26

Johnabh26 (Querist)
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30 May 2024 Respected Sir,

Many thanks for your valuable advice

Kindly advise, do we need to ask the loan agent to send a letter to ITD on the same

Or What should be done to resolve this

Because the loan agent also known for me

He is telling basis the client's approval only we have done this.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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30 May 2024 Unless he accept it as his misdeed, and not as per clients approval, how can you get it rectified from ITO?

Johnabh26

Johnabh26 (Querist)
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30 May 2024 So can you advise what is the detailed procedure to resolve this sir.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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30 May 2024 Contact ITO and discuss the issue, take his/her advise to sort out the issue.

Johnabh26

Johnabh26 (Querist)
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30 May 2024 Will it be a problem for me ?

Since I only filed the Returns

Basis the challan provided by the agents side

I'm not aware of the challan is a fabricated one.

Since the IT filed basis my IP address

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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30 May 2024 Yes, all the involved agents/site owners would be interrogated and could be in trouble.

Johnabh26

Johnabh26 (Querist)
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30 May 2024 Sir I need to get out of this trouble

Because It was not a willful fault from my end.

Can you advise what needs to be done to safeguard me

Johnabh26

Johnabh26 (Querist)
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30 May 2024 And will it be a Civil issue before magistrate

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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30 May 2024 As you have not filed ITR you are out of the issue. Better to close the issue by payment of IT demand.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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31 May 2024 i dont think you get to claim fraud if you yourself filed the return without ever paying the tax. Unless you paid this 88K to the agent, who instead of paying it to government, gave you a fake challan, no income-tax officer is going to give you any relief here.

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