Income tax ao under section 143(3)
This query is : Resolved
15 October 2017
Hi,
I couldn't file my return of income for AY 2009-10 for want of Form 16
Then I response to a notice under section 148 I thought I had submitted a return and one computation saved in my computer for the concerned AY which was wrongly showing the income and no deduction or exemption claimed. I didn't check it's accuracy and submitted the same in response to a notice under section 133(6) for sale of assets.
Thereafter the AO sent notices and I submitted the correct statement and also confirming that there was no sale but purchase showing revised computation.in fact, my employer had deducted excess tax for concerned AY of 56317. The AO denied the statement saying as below
It is clear that the assessee has failed to declare correct income while filing return of income in response to notice under section 148 of the Act. The assessee has subsequently only furnished revised statement of income claiming various deduction/exemption. Further since computation of total income is not a return of income , the deduction/exemption cannot be considered now. In this connection reliance is placed on hon SC decision in the case of Goetze India Ltd vs CIT (2006).
I have filed appeal with CIT (appeal) and would request legal luminaries to guide me with legal pronouncement on the matter.
I couldn't file my return of income for AY 2009-10 for want of Form 16
Then I response to a notice under section 148 I thought I had submitted a return and one computation saved in my computer for the concerned AY which was wrongly showing the income and no deduction or exemption claimed. I didn't check it's accuracy and submitted the same in response to a notice under section 133(6) for sale of assets.
Thereafter the AO sent notices and I submitted the correct statement and also confirming that there was no sale but purchase showing revised computation.in fact, my employer had deducted excess tax for concerned AY of 56317. The AO denied the statement saying as below
It is clear that the assessee has failed to declare correct income while filing return of income in response to notice under section 148 of the Act. The assessee has subsequently only furnished revised statement of income claiming various deduction/exemption. Further since computation of total income is not a return of income , the deduction/exemption cannot be considered now. In this connection reliance is placed on hon SC decision in the case of Goetze India Ltd vs CIT (2006).
I have filed appeal with CIT (appeal) and would request legal luminaries to guide me with legal pronouncement on the matter.
15 October 2017
Legally the AO is correct. Appear for appeal hearing, as when called upon notice,
explain the happened facts and seek the mercy of CIT (Appeals).
explain the happened facts and seek the mercy of CIT (Appeals).
Message likes :
1 times
15 October 2017
Thanks CA B. Chakrapani for your advice. Any case law in such matter as I understand that the notional income cannot be taxed and I had only salary income and that has beed verified with salary slip and bank statement.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- CAPITAL GAIN BASE ON NOTIFICATION
- Taxable or Tax exempt
- Demand Outstanding AY 2013-14 TDS Deducted not shown in 26as
- TDS Deducted AY-2013-14 Not Reflected in 26as
- ADVANCE PAYMENT OF ADVOCATE
- FAST-DS 2026 Under Tax Law - No recourse or support for person declaring via this scheme?
- CREDIT NOTES WITHOUT GST
- DIN reactivation
- Query – TDS on purchase of land from NRI under Income-tax Act, 2025
- Capital gain on sale and purchase of plot
- Tally: Imported bank entries do not show up in manual reconciliation
- Sales of goods of amount Rs97 lakhs to a party
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- STATUTORY AUDIT OF A SMALL PRIVATE COMPANY INCORPORATED ON 28.03.2025
- Guidance Needed: Linking Multiple Form 26QB Payments and Responding to ITD Defaulter Notice
- How to pay remaining amount of TDS after due date?
- Resigning a auditor from the company for misconduct
- RCM @ 5% on Hamali charges, Transport Charges, Unloading charges we take ITC or not
- CALCULATION OF DEFFERED TAX - OP BL IS DTL & CURRET IT DTA
- LLP audit under companies act
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
