Refund of tds-fy 2006-2007

TDS 1067 views 12 replies

I was issued a notice under Section 143(1)  for the FY 2006-2007when I was staying at Kolkata

I submitted the required papers & My assessment  was completed on 31.12.09 accepting my return in all respects and letter to the same effect issued to me.

However, although a TDS of Rs 10,000/- was claimed by me, the ITO did not take that into consideration writing in the order that the original TDS certificate has not been submitted to him & hence he has not considered the same.

By the time I got the order in my hand (3rd June 2010), I had already shifted to Delhi & could not follow up the case personally but pursued the refund through letters sent by Speedpost. All speedpost  reciepts of the letters sent are available with me

I got no response from the department although I sent several letters.

I recently got in touch with the Ward ITO on phone to request him to expedite my refund.

I sent him the ITO order of 143(1) & the TDS certificate xerox & the NSDL printout showing that the TDS of Rs 10,000 had duly been credtited to me

The ITO who passed the original 143(1) order retired in the meanwhile& his successor is now asking me verbally to submit my balance sheet , P&L account etc. again for refunding the TDS.

He has refused to give anything in writing till now & has not even acknowledged any letter.

 

My query is that is the ITO justified in asking me verbally  to submit these papers again as the assessment has already been completed & only the TDS refund is pending.

 

Thanks for advising

 

 

 

Replies (12)

Assuming you had filed your IT returns non-electronically, it will take time to process the refund even for a small amount.

In my opinion, you can try to get hold of someone in Kolkata who can deliver the documents by hand to the concerned IT officer. You will have an acknowledged copy of all letters sent to IT dept. It will easier to follow-up then. Discussing these issues over the phone will not be effective enough. IT officer must be getting 100 calls like this in a single day.

Thanks for the reply

My query is that when the assessment is already completed 2 years back, on what basis can the ITO ask for fresh papers again like balance sheet P&L account etc

 

Can the ITO ask for these papers again after completion of assessment ?

You can submit the following to IT officer via hand delivery

1) IT return

2) 143(1)

3) Assessment Order

4) Letters submitted as far along with TDS certificate, NSDL

5) Letter requesting to rectify and give credit of TDS

 

I have already submitted the complete set of papers recommended by you to the ITO by Speedpost 2months back.

It is only after that I contact the ITO on phone & he is askingme verbally to send him  additional papers like the balance sheet, P&L accounts etc. which may  tantamount to reopening the asessment voluntarily by me.

 

Am I correct in my thinking ?

 

Also I have still not gotten a reply to my basic question that when an assessment is already complete & order issued, can a ITO ask for further papers at this stage when only the TDS refund is pending. (The TDS claim has been acknowledged in the order)

 

Thanks for advising

IT officer is not in the position to demand balance sheet and p&l account since the assessment is complete and no new refund has risen.

Thanks for the confirmation. Please suggest my next course of action

Assessment order was passed and refund of Rs. 10,000 payable to you was mentioned which was subject to the condition that you submit TDS certificates. So you attached the TDS certificate with the assessment order requesting them to release the refund. Since the refund amount is the same, the assessment order need not be opened again.

In Kolkata no returns are accepted even till date unless the original TDS certificates are attched with the return.

I had submitted the original Form 16A with my Return.

I only gave a xerox copy of the TDS certificate with my reply.

But this is of no relevance as from the FY 2006-07, the system of attaching TDS certificates was done away with officially &Income Tax  department has to adjust the TDS based on the data of NSDL credits

 

My credit of Rs 10,000/- for TDS is shown in NSDL as final in the relevent year & as such the question of TDS certificate did not arise in the 1st place.

 

Please advise me whom I should approach as the ITO refuses to reply to my letters officially till date although I have sent 4 reminders in the last 2 years

 

If you have attached the original TDS certificate with the IT return, then why did the IT officer mentioned that original TDS has not been submitted and hence the refund amount is not considered.

I cannot prove that I attached the certificate as the acknowledgement does not have the provision to show the list of attachements from that year onwards which was available in previous years.

Anyways the original certificate has no relevance if the NSDL shows final credit for the TDS

 

Please advise next course of action

I still feel you should find someone in Kolkata who can hand-deliver the letter (all relevant documents) to IT dept.

The ITO is acknowledging that he has recieved the set of documents sent by me 2 months back, which is exactly same as per the list recommended by you.

 

He is now verbally demanding the additional documents which is creating the problem


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