Wrong return filed

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

08 March 2010 one of my friend took the PAN no.under head salary, but he left the job and started own interior decorator business and got contract from a company in the year 2007-08 & 2008-09. He has filed return in ITR-4,and there were refund of Rs.19000/- (approx.)altogether in both year. when he went to I.Tax department for asking the refund for the year 2007-08, Dept. informed him, his return is not coming under business it is under salary circle.

Now pl. inform me , how to get the refund from I.T.Depart.

Regards

C A GROUP COACHING

C A GROUP COACHING (Expert)

08 March 2010 Immaterial of where the return falls, Since the IT dept has accepted say wrongly by salary cirle instead sending you to Business ward/jurisdiction,It was their responsibility to transfer the return to the concerned ITO in charge, You friend should go with his ack copy where the return is filed & show them & if it is transfered by them to some other ITO having jurisdiction then he should visit such ITO & show him the filing proff & get the return processed for Refund. In any case Dept cannot hold back your Refund giving such excuses

CA Prashant Gupta

CA Prashant Gupta (Expert)

08 March 2010 agree with Mr Chandrakant. it is not assessee responsibilty. If deptt has accepted return then they can't deny refund. So ask to ITO for that. if they ignore then give application in written to ITO. then if refund is not cleared then give application to ACIT.

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