Section 143(1)

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Vin (Querist)
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21 December 2012 Hi Experts,

1. I have received a notice under Section 143(1)dated 14/08/2012 on letter, but posted on 20/12/2012 (envelope) a full four months later.
2. Also I am a government employee whose full income tax is deducted from salary (Form 16), yet a notice for paying interest has been given.
3. In my returns I have shown that I have payed full income tax (Rs 62,600/-)as deducted monthly from salary. This has been ignored and my 'Interest Payable'(Rs.1056/-) has been taken to be the amount of my Income tax.

Kindly advise. Thanks in Advance.

Pankaj Gupta

Pankaj Gupta (Expert)
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21 December 2012 Under sec 143(1), an intimation is given to assessee if during the processing of return, any tax demand is found.
In your case it seems that the notice received by you is not on a correct ground.
Hence you should move a rectification application under section 154 to rectify the mistake which is apparent from record.
If the actual return was filled online than 154 should be filled online, otherwise a manual application should be moved on to your AO.

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Vin

Vin (Querist)
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21 December 2012 Thanks Mr. Pankaj, Do I have to get Form 26AS also? And is the notice valid if it is posted 4 months after the notice date by IT office itself?

Dintakurthi Tirumala

Dintakurthi Tirumala (Expert)
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21 December 2012 Please specify for which assessment year you received 143(1) notice.

OM SAI SRI SAI JAI JAI SAI

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Yogesh Agarwal

Yogesh Agarwal (Expert)
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22 December 2012 Dear Vin

you may like to note that what you received is not a notice but an intimation u/s 143(1) that your return is processed. which is also called a deemed assessment. Wherein demand is raised on you as Interest payable. If you have discharged your tax liability properly by TDS. You may like to approch to your employer and ask for the form-16 and would also like to verify the same with your 26AS as available with the income tax website.. pls visit www.tdscpc.gov.in..

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Vin

Vin (Querist)
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22 December 2012 Thanks Yogeshji,

My Form 16 shows monthly deduction of tax for AY 2011-12 but after login with www.tdscpc.gov.in and downloading Form 26AS it does not show the same.

What is the next step you recommend? It seems my employer has not uploaded details of tax deducted from salary to www.tdscpc.gov.in

Pankaj Gupta

Pankaj Gupta (Expert)
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22 December 2012 If in form 26AS, it is not showing deducted tax, that means either your employer has not deposited the tds or has not filled the tds return, or has filled the tds return with your wrong pan. Confirm the matter from your employer.

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Vin

Vin (Querist)
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22 December 2012 Thanks Pankaj Guptaji. Will do so and revert.

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