Income tax refund claim stuck for rectification under cpc

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

12 November 2013 Dear Friends,
My accountant had filed my dad's his return for AY11-12 via efiling. But in the return, TDS u/s194H, was errorneously had been claimed by him under TDS for salary column.
Now the CPC had done assessment u/s 141, and had shown an addition of Salary based on the TDS claimed by our accountant. and raised a demand of tax on us based on the total income of the actual commision income plus the salary assessed by him. For this we had raised rectification. The new assessment after the rectification was showing as no demand and no refund. For this again we raised a rectification but the CPC has not updated the status of this rectification and also no order is shown for this.
My Query: Is there any solution to rectify and claim the TDS wrongly claimed earlier in the wrong section.
2) Also as CPC is no responsive, is there any alternative to speed things up for rectification.
3) Is there any statue/Caselaw/rules through which we can approach the ITO/AO for manually rectify our return and proceed with the refund claim?

Please help.
Thanks in Advance

Nikhil Kaushik

Nikhil Kaushik (Expert)
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13 November 2013 You said that new assessment after rectification is showing no demand and no refund. Where did you get this information? If it is being reflected in the rectification order or against the rectification status, that means that ITO has accepted your rectification. So what more do you want? There is no need to file a new rectification for the same.

Querist : Anonymous

Querist : Anonymous (Querist)

16 November 2013 HI Nikhil,
The issue is that the need for revised rectification arose as the assessment completely ignored our Tax credit. Also the rectification status in the system is not updated till date since last 9 months and is still showing as under process, if we try
to raise a rectification request again.
So my query is still as same in the previous question.

Thanks & regards