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refund

11 August 2015

DEAR SIR,

PLS KINDLY LET ME KNOW THAT I HAD FILED MY INCOME TAX RETURN FOR A.Y. 2011-12 AND FAILED TO CLAIM TDS DEDUCTED IN IT THOUGH FORM 16 AND 26 AS SHOWS IT,LATER ON WHILE CLAIMING REFUND IN RETURN FOR AY 2014-15 THE REFUND WAS ADJUSTED AGAINST THE OUTSATNDING DEMAND FOR THAT YEARS.
FURTHER WHILE GOING ON THROUGH RECTIFICATION PROCEDURE IT SHOWS TARNSFERRED TO AST,
I HAVE ALSO SENT A LETTER WITH ALL DOCUMENTS (i.e. FORM 16,26 AS,RETURN COPY) TO JURISDICTIONAL AO BUT NO RESPONSE RECD IN THIOS RESPECT WHAT SHALL I DO??
KINDLY SUGGEST

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7 Replies

Kiran. S (CTO) (745 Points)
Replied 11 August 2015

If you have filed Income tax return then you did not calculate tax liabilitity [physical return]. at that time ? If you have filed online -the tax must have been calculated properly. Did you get intimation under 143(1).

You need to take permission to file fresh return stating circular 9/2015 dated 9/06/2015 . Give an application to AO with copy to CIT of that range. Once you get permission you have to file fresh return taking all tax credits.

After assesment of revised return you will get

1) missed out Tax credits which genuinly belong to you in 26AS

2) Removal of interest penalty under 234 (a to c)

3) Refunds from succeeding years sent to that year as self assesment tax.

The procedure should be very simple

Govt must simplify this procedure

Hon Finance Minister Please look into these matter. Lots of people are stuck like this

Should we struggle to get our own hard maoney back.

EVERY ONE PLEASE RAISE VOICE.

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Udgam Koomar (Tax Technologist) (1949 Points)
Replied 11 August 2015

Yes try to use 9/2015 you have to visit the IT office will all relevant case details and seek appointment and accordingly present the case.

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KARTHIK L (student) (34 Points)
Replied 11 August 2015

Contact in person with relevant documents and explain the facts may u got refund due to some mismatch may happen.

1 Like

Sathish M (Management Accountant) (40581 Points)
Replied 12 August 2015

The department doesn't give you refund that easily if the amount involved is huge.

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Kiran. S (CTO) (745 Points)
Replied 12 August 2015

It is quite Unfortunate - whether the Refund is Huge or small they should give the refund.

Legitimate Refund is the right of the Tax payer and not of the government.

After all that Money belongs to the Tax payer for which he has to go on bended Knees to the officers. Things has to change. This is Governance issue.

CAclubindia plz write to PM/Fm regarding this.

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PIUSH KUMAR SINGH (B.Com) (25 Points)
Replied 12 August 2015

DEAR EXPERTS
THE RETURN WAS FILED ONLINE FOR THAT YEAR AND I HAVE ALSO RECEIVED INTIMATION FOR THAT YEAR ............
BY MISTAKE WHILE CHECKING THE RESPONSE TO OUTSTANDING DEMAND I MADE IT I ACCEPT......
IN RESPECT OF THIS A LETTER HAS BEEN SENT BY ME ALONG WITH ALL DOCUMENTARY PROOFS OF HAVING TDS DEDUCTED TO THE INCOME TAX OFFICER(CPC) AND JURISDICTIONAL AO.
THE CASE IS OF BANGALORE WHILE I WAS WORKING IN IBM
NOW I M IN LUCKNOW WORKING FOR TCS.......
PLZZZZZZZZ
WHAT SHALL I DO?
DO I PERSONALLY NEED TO GO TO BANGALORE ND MEET CIT OR LETTER WILL DO?

Z ( ) (2960 Points)
Replied 12 August 2015

Any claim for any deduction or refund can be granted only if it was made in the return of income . Your case is genuine and they might grant you the refund.

First try online rectification u/s 154 , you can choose assessee is filing for tax credit mismatch , alternatively you can opt to generate new XML

Since you have accepted the demand you must personally visit the AO of your current Jursidiction, if any file transfer is required then they will do, you do not need to go to Banglore.

Revision application u/s 264 to CIT is also possible.

Also there is not much use of sending docs to CPC, they generally do not take congizance of any document and transfer the Case to AO .