Intimation u/s 143(1)

This query is : Resolved

Jayesh Jagetiya (Querist)
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23 April 2009

Dear Friends,

We have received intimation u/s 143 (1) dated 21.03.2009 from Income Tax Department on 01.04.2009.
In which the ITO has short allowed TDS Certificate of Rs. 15 Lacs (We have claimed Rs. 90 Lacs & ITO allowed Rs. 75 Lacs only).

What is the remedy available to us?
By when we can submit reply?

CA Tilak Raj Sharma

CA Tilak Raj Sharma (Expert)
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23 April 2009 U/s 143(1), the AO can complete the assessment without passing a regular assessment order on the basis of return submitted by the assessee.

In your case, it may be due to that may be you have not enclosed all the TDS certificates with the ITR. So this is the only reason that TDS is not allowed fully by the AO. There is no other other reason for disallowing the TDS. AO have no such power.

Please prepapre your reply and attach a copy of all 90L TDS certificates with your reply.

Brij Bhushan Sangal

Brij Bhushan Sangal (Expert)
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23 April 2009 Mr. Jayesh,

please make two set one for orignal TDSW certificates and one for photocopy of the same. make sure that all TDS certificates are as per TDS norms. Date should be mentioned on Notice else go within 30 days for case or demanding other date.take other papers like Trial ,b/s copy as per requirement of Notice.

C A GROUP COACHING

C A GROUP COACHING (Expert)
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23 April 2009 Advice of CA Tilak Raj is proper.Attach all 90L TDS certificate copies & prepare a simple Reply quoting the Error made by the ITO & requesting for Rectification/ correction of the intimation giving due credit, & the ITO will have to do it

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