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Communication on arrear demand

Page no : 4

kanagaraj (CHARTERED ACCOUNTANT) (793 Points)
Replied 03 November 2011

Dear Bosco,

never mind about the officers mood. you just send the letter stating all the facts to the AO and CPC bangalore.If no proper feed back is received then your may send letter the Greivance CEll, Chief Commissioner of Income Tax of the respective area the matter will be resolved within 30 days.

regards



kanagaraj (CHARTERED ACCOUNTANT) (793 Points)
Replied 03 November 2011

I further think that the officers are annoyed about the CPC, because most of their powers are taken by the CPC and so they play tactfully so that the people can automatically come to them. 

regards


Sri (-) (21 Points)
Replied 03 November 2011

Amit, Thanks much for the format. Do we need to send by post (speed post/courier) to the ITO or should this be hand delivered to AO? Which is preferred?

 

Thanks,

Sri

 

Originally posted by : Amit Srivastava











Dear All,



I too have received a similar intimation from the department.



I checked with a Senior Advocate and Corporate Tax Consultatnt and he helped me draft a reply (Format is as under). You may contact him at apsrivastava92 @ rediffmail.com



However, while using the below format, please be sure that



a. there was no calculation mistake in the IT Return for the year in question. 



b. make double sure that there was indeed no (net) tax payable that year or whatever was payable was actually paid by TDS or Self Assessment Tax.



(In other words, make sure that this intimation is indeed an error on the part of the department)



---- Start of Format ----



                                                                                                              Date: XX-XX-XXXX



To,



The Income Tax Officer XX (XX) (XX),



XXXXXXXXXXXXXX,



XXXXXXXX,



City – Pin Code



 



Sub.:    Communication on Arrear Demand



             Communication Reference No. CPC/XXXX/XX/XXXXXXXXXXX



             Dated XX-XX-XXXX



             PAN No. XXXXXXXXXX



             A.Y. 20XX-XX



 



Sir,



             As per the communication mentioned above, an arrear demand ofXXXXX has been intimated to me by the CPC purportedly as communicated to him by the Assessing Officer where I am assessed to tax.



2.         In this connection, I wish to state that the return for the Assessment Year in question was filed in your ward on XX.XX.XXXX vide acknowledgement no. XXXXXXXXX. Gross Total Income ofXXXXXX was shown and deductions aggregatingXXXXX were claimed under Chapter VIA.  Thus the Total Income amounted toXXXXX giving rise to NIL Demand.



3.         I am, therefore, at a loss to understand how the impugned demand ofXXXXX has arisen and shown to be in arrears. Apparently, there is an error which may kindly be rectified and the demand in question cancelled.



4.         A copy of the Acknowledgement for having filed the return as claimed is enclosed for reference. Further a copy of the intimation received from the CPC is also enclosed.



          I hope, with this, the matter stands fully clarified.



         Further communication if any, may be sent to the address mentioned below.



                                                



                                                                        Yours faithfully,



                                                                        XXXXX XXXXXXX



                                                                        Complete Postal Address



                                                                        City – Pin Code



                                                                        Resi Tel.: (XXX) XXXXXXXX



                                                                         Mobile: (0) XXXXXXXXXX



 ---- End of Format ----



 



Thanks & best regards,









 



 



 









 

Manish Agarwal (IG) (21 Points)
Replied 06 November 2011

Hi all I have also recieved the similar mail

 

Dear  MANISH  AGARWAL,

Please find attached intimation under section 245 of arrear demand payable by you under the provisions of the Income Tax Act, 1961.

 

but the attachment is corrupt so I am not able to see the details. how can i get the details for it. attachment file that i have recieved has a name 11041543427-AITxxxxx4H-H1.pdf

kindly help me what i have to do. I always file ITR online. I am a salaried person and all form 16 are with me. banks have deducated the TDS for my FD and I always report my interest income in my ITR-I. kindly help me in solving the issue. I am very confused

 

thanks

manish


Arul Victor (Manager-Marketing) (24 Points)
Replied 06 November 2011

Dear Mr. U S Sharma / NJR and other expert Forum members,

 

I have also received a similar intimation (Communication on Arrear Demand) from CPC, Bangalore for13,925/- for AY 2008-09, on 5th November 2011. I’ve read all the posts in this forum, I’m posting here, as my case is slightly different, and I request your expert opinion on this.

 

The fact is that, I joined my employer in May 2007 as Management Trainee (on Contract Basis), so my TDS was deducted flat 10.3% from my monthly salary. Ultimately total TDS deducted was around 33k. For filling my returns, I approached a CA and filed my returns for AY 2008-09 claiming a return of22k based on the Form 16A.

 

For all my further IT returns for AY 2009-10, 2010-11, 2011-12, I have filed and even received refunds from CPC/IT department.

 

But for AY 2008-09 particularly the TDS deducted was not fully reflecting in my Form 26AS. Only in July 2010, the entire TDS deducted for the AY 2008-09 was reflected in my Form 26AS. I checked up with my CA, for a way to claim my refund, He said, since the records have been updated recently in the Form 26AS, the only way is to wait.

 

Ever since I have been expecting a refund, but suddenly today I find this intimation to my horror, informing me that I’ve an arrear of 13.9k to be adjusted with my refund.

 

I suppose, in my case, I need to claim refund (22k) after clearing this demand (13.9k) both in Demand Register and in CPC database.

 

I sincerely request all your guidance on this for me to proceed further. Thanks in Advance…

 




U S Sharma (glidor@gmail.com) (21056 Points)
Replied 06 November 2011

Originally posted by : Arul Victor

Dear Mr. U S Sharma / NJR and other expert Forum members,
 
I have also received a similar intimation (Communication on Arrear Demand) from CPC, Bangalore for13,925/- for AY 2008-09, on 5th November 2011. I’ve read all the posts in this forum, I’m posting here, as my case is slightly different, and I request your expert opinion on this.
 
The fact is that, I joined my employer in May 2007 as Management Trainee (on Contract Basis), so my TDS was deducted flat 10.3% from my monthly salary. Ultimately total TDS deducted was around 33k. For filling my returns, I approached a CA and filed my returns for AY 2008-09 claiming a return of22k based on the Form 16A.

- when actual form 16A was 33K and you claimed 22K, where did the balance 11K gone, in drawings or somewhere else? in funds flow statement what sumery your CA suggests for shortfall of 11k?, despite of fact that your 26AS did not displayed the full amount, you had to claim the same and get rejected, again file rectification u/s 154, 

- why did not you get in touch with deductor for revision of their TDS returns, and what did it made delayed for more than years to rectify?
 
For all my further IT returns for AY 2009-10, 2010-11, 2011-12, I have filed and even received refunds from CPC/IT department.
 
But for AY 2008-09 particularly the TDS deducted was not fully reflecting in my Form 26AS. Only in July 2010, the entire TDS deducted for the AY 2008-09 was reflected in my Form 26AS. I checked up with my CA, for a way to claim my refund, He said, since the records have been updated recently in the Form 26AS, the only way is to wait.

- its a cock and bull story, such refunds can not be claimed. 


Ever since I have been expecting a refund, but suddenly today I find this intimation to my horror, informing me that I’ve an arrear of 13.9k to be adjusted with my refund.
 

- refund without claim? do you think that out Incometax department can call you and ask you file the claim?

- as you had got refund, you must have preserved the intimation u/s 143(1), reconcile the same with the data provided in your letter, and then proceed with the procedure.


I suppose, in my case, I need to claim refund (22k) after clearing this demand (13.9k) both in Demand Register and in CPC database.
 
I sincerely request all your guidance on this for me to proceed further. Thanks in Advance…
 

 

1 Like

Arul Victor (Manager-Marketing) (24 Points)
Replied 07 November 2011

Dear Mr. U S Sharma / NJR and other expert Forum members,


I have also received a similar intimation (Communication on Arrear Demand) from CPC, Bangalore for 13,925/- for AY 2008-09, on 5th November 2011. I’ve read all the posts in this forum, I’m posting here, as my case is slightly different, and I request your expert opinion on this.
 
The fact is that, I joined my employer in May 2007 as Management Trainee (on Contract Basis), so my TDS was deducted flat 10.3% from my monthly salary. Ultimately total TDS deducted was around 33k. For filling my returns, I approached a CA and filed my returns for AY 2008-09 claiming a return of 22k based on the Form 16A.

 

- when actual form 16A was 33K and you claimed 22K, where did the balance 11K gone, in drawings or somewhere else? in funds flow statement what sumery your CA suggests for shortfall of 11k?, despite of fact that your 26AS did not displayed the full amount, you had to claim the same and get rejected, again file rectification u/s 154, 

 

- Net Tax Payable as per the calculations done by the CA came to Rs. 11k. Hence we claimed refund for the balance 22k. Since this was my first ever IT return filing, I didn’t know much about Form 26AS. Subsequently I got to know the importance of Form 26AS.

 

- why did not you get in touch with deductor for revision of their TDS returns, and what did it made delayed for more than years to rectify?

 

- In the subsequent year (AY 2009-10), when I filed my returns, I checked for Form 26AS, only then I noticed that the TDS entries for AY 2008-09 are still pending for 5 months, I approached my deductor (Company IT Filings are managed in Gurgaon, and I’m placed at Chennai), So it took me couple of weeks to ask them do it. After 15-20 days entries for 2 months were updated by March 2010. When I approached them, they said its March, wait up to April, and then we’ll follow-up. In April when the entries were not reflected, I had to approach again and then finally all the entries were reflected by July 2010.


For all my further IT returns for AY 2009-10, 2010-11, 2011-12, I have filed and even received refunds from CPC/IT department.

 
But for AY 2008-09 particularly the TDS deducted was not fully reflecting in my Form 26AS. Only in July 2010, the entire TDS deducted for the AY 2008-09 was reflected in my Form 26AS. I checked up with my CA, for a way to claim my refund, He said, since the records have been updated recently in the Form 26AS, the only way is to wait.

 

- its a cock and bull story, such refunds can not be claimed. 

 

- Even for my friends who joined with me, had similar case, few of them got their refund by 2010 end and few got in July 2011.


Ever since I have been expecting a refund, but suddenly today I find this intimation to my horror, informing me that I’ve an arrear of 13.9k to be adjusted with my refund.
 

- refund without claim? do you think that out Incometax department can call you and ask you file the claim?

 

- I assume ITR filed for AY 2008-09 with a claim for a refund of 22k is the claim from our end. All the subsequent years I filed similarly and got refund for AY 2009-10 also. For AY 2010-11 & AY 2011-12 I had NIL refund, so I received confirmation from CPC for the same. Kindly guide me, if anything else I could have done for AY 2008-09.

 

- as you had got refund, you must have preserved the intimation u/s 143(1), reconcile the same with the data provided in your letter, and then proceed with the procedure.

 

- I got refund only for AY 2009-10. Now for AY 2008-09, please suggest the procedure to claim my refund as well as clear this arrear demand.


I suppose, in my case, I need to claim refund (22k) after clearing this demand (13.9k) both in Demand Register and in CPC database.

 

I sincerely request all your guidance on this for me to proceed further. Thanks in Advance…


kanagaraj (CHARTERED ACCOUNTANT) (793 Points)
Replied 07 November 2011

Dear All,

The Communication gap between the IT wards and CPC make the demands. Don't get frustrated. just write a letter stating the facts of your case and file the letter under section 154 until your records get corrected.Send the copies of the letter to the CPC also.

1 Like

Balaji (Knowledge Seeker) (317 Points)
Replied 07 November 2011

Dear Arul,

Please approach your ITO with a copy of a)The Return for A.Y.2008-09,b)Form 26-AS for A.Y.2008-09 reflecting the entire TDS of Rs.33K and explain to him the issue.Also carry a formal letter and obtain an acknowledgement.It has been my experience in Mumbai that refunds have been processed on such submissions.

As regards the demand intimation from CPC,B'lore for A.Y.2008-09,it is a very odd situation and you may refer my earlier posts for an update.

Please note that you can have your refund processed independently thro' your ITO and the receipt of the demand intimation from CPC should not be a hindrance.

1 Like

U S Sharma (glidor@gmail.com) (21056 Points)
Replied 07 November 2011

@ Arul

 

i assume the intimation u/s 143(1) has been communicated to you, if not then get a copy from respective ITO/ CPC where the return is filed by calling / writing to them, and then proceed through ombudsman for excess refund.

We assume that 26AS was nil for that year and hence your tax appicable was assessed with interest and that is reflecting in your communication for arrear demand. 

However if the facts are genuine, you will get relief by approaching to ombudsman, procedure they will prescribe to yourself at 1st visit, for specific case. 

1 Like



Arul Victor (Manager-Marketing) (24 Points)
Replied 07 November 2011

Dear Mr. Kanagaraj / Mr. Balaji / Mr. U. S. Sharma

 

First of all, Thank you all for your prompt and reassuring replies. I will follow the suggested guidelines.

 

@ Mr. U. S. Sharma,

Yes, I’ve received the demand intimation u/s 143(1) with Nil interest u/s 220(2). The intimation details are:

 

AY – 2008-09

Section – 143(1)

AO (Intimating Demand) – ITO Ward III (1), Chennai

Demand Amount – 13,925/-

Interest U/S 220(2) – 0

Interest Calculated till / date for demand upload – 30.12.2010


Kamlesh Uttam (Engineer) (23 Points)
Replied 07 November 2011

Hi Friends,

I have received an intimation u/s 245 of Income Tax Act, 1961 for AY 2008-09 for arrears demand.

In my e-filing for the same year i have come to know that I mistakenly picked Gross Salary instead of Gross Total Income from Form 16. That's why income tax comes out to be more and hence the intimation.

Please advice me what should i do now. Should i meet Assessment Officer concerned or should i e-file revised return.

Thank You,

Kamlesh


kanagaraj (CHARTERED ACCOUNTANT) (793 Points)
Replied 07 November 2011

Dear Uttam 

you can file a rectified return through the e filing portal mentioning your reference number mentioned in the intimation .It will take 30-45 days for rectification.

regards

1 Like

Balaji (Knowledge Seeker) (317 Points)
Replied 07 November 2011

Dear Kamlesh,

If you have checked your return and are convinced that the demand raised by the Dept. is correct,please pay the said demand amount forthwith and intimate CPC,B'lore once you have made the payment,alongwith a copy of the payment challan.

1 Like



Kamlesh Uttam (Engineer) (23 Points)
Replied 07 November 2011

@ kanagaraj

Thanx a lot. But i read that revised e-filing can be done only within one year of e-filing.

What you think?...

Also i have written an email to ask @ incometax.gov.in for what to do now.
I hope they would reply.

Kamlesh JUttam

 

 



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