intimation u/s 143 (1)

Tax queries 1040 views 4 replies

Rohit

Article

25 Points Posted on 25 August 2010

Dear All,

My client has received intimation u/s 143 (1) on 24/08/2010 for A.Y. 2008-09 assessign tax payable of Rs.70116/-( which includs self assessment tax 54,409 and interest of Rs. 15,207).

Assesse had filled the return on 11/07/2008. but while filling the return he wrongly mentioned the TDS amount as Rs. 54909. instead of Rs.51709 (which is actually deducted) and not paid the difference of Rs. 3200/-.

So my querry is,

1. first of all the intimation should be received within one year from the end of financial year in which return was filled which comes to 31/03/2010 (as return was filled on 11/07/2008), but i had received the intimation on 24/08/2010 so whether i am supposed to reply to it or not ?

2. whithin how many days i should reply?

3. As now it is not possible to revise the return so what remedy is available in this case also please tell me the sec. if any for which i should go.

please help me in this case.

Replies (4)

Aditya Maheshwari

CA in Practice

35867 Points Posted on 25 August 2010

1. The section states that intimation should be sent within one year from the end of the F. Y. in which return is filed and receipt of intimation does not affect this section.

2. Reply should be filed for rectification of intimation u/s 154 within one month of the receipt as the demand is due and payable within a period of 30 days.

3. Not possible to file revised return now and application for intimation application should be filed.

Rohit

Article

25 Points Posted on 25 August 2010

So in that case is it possible to pay that difference tax amount now (i.e tax amount relating to A.Y. 2008-09) if yes how should it be paid whether? same as like we pay self assessment tax?

Originally posted by : Aditya Maheshwari
	1. The section states that intimation should be sent within one year from the end of the F. Y. in which return is filed and receipt of intimation does not affect this section. 2. Reply should be filed for rectification of intimation u/s 154 within one month of the receipt as the demand is due and payable within a period of 30 days. 3. Not possible to file revised return now and application for intimation application should be filed.

Aditya Maheshwari

CA in Practice

35867 Points Posted on 25 August 2010

Yes tax can be paid now for A. Y. 2008 - 09 in challan 280 only.

Aditya Maheshwari

CA in Practice

35867 Points Posted on 25 August 2010

In your case TDS claim is more than tax payable whereas in return short TDS has been claimed. So first go for rectification of your intimation giving copy of all TDS certificates and see it full credit is given. Full credit for TDS could be given if full income as per certificate is shown in the return and the same has not been claimed in earlier years.

So apply for rectification. Let revised intimation come and then pay the tax as due as per intimation in challan 280 as tax paid on regular assessment.