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Intimation u/s 143(1)

swati bajaj (service) (42 Points)

01 July 2013

Hi all,

I failed to claim TDS for AY 2011-12 while filing return for tht year and so claimed that TDS refund while filing return for AY 2012-13 along with TDS for AY 2012-13.but today i got email of intimation U/S 143(1) that has not accepted TDS for AY 2011-12 but only given tds claim for AY 2012-13. both my returns are belated...pls help me now what should i do,how do i get refund for AY2011-12..

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6 Replies

Jafar Ahmad Khan (CA & CS Final) (131 Points)
Replied 01 July 2013

Dear Swati

Please contact your Income Tax officer and request that this refund claim in next year return is eligible in Income Tax Act,1961, there is nothing said that Tds of the same year should be claimed in the same ter in which it is deducted.

Another way is either you should file revised return if filed earlier return within time limit u/s 139 (1) or rectification u/s 154 for the belated return.

Thanks

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CA Vinay parmar (Chartered Accountant) (1318 Points)
Replied 02 July 2013

Income tax officer have given you TDS credit based on your 26AS form for that particular year, please reply to their intimation later by attaching the TDS certificate, if possible both the year 26AS statement, both the year income tax return, and explain your case in the covering letter, you will surely get the TDS credit.

Regards

CA Vinay Parmar

swati bajaj (service) (42 Points)
Replied 02 July 2013

Thanx both 4 ur help.. Dear vinay parmar just wanted to ask tht i have filed both my return online so now should i reply to them online only...can you please tell me the process ..how to rply and to whom to rply for the intimation..should i proceed immediatly or latr One more thing meanwhile can i file my return for AY 2013-14 in this july...or should i wait for the process... Once again thanx.

CA Vinay parmar (Chartered Accountant) (1318 Points)
Replied 02 July 2013

Dear swati,

Reply to intimation is to be file manually from where the intimation is raised, you will find the name & address of the assessing officer on the intimation letter, you have to reply to him only, Just wirte a letter addressing to the that assessing officer, by mentioning your Pan No. in Reference, ans subject will be replied towards intimation letter dated so an so....

Further the reply should be filed asap, ans if the intimation letter has came from Banglore, then courier your letter with the supporting document by Speed Post.

And yes you can file your return for the A.Y. 2013-14 now, no need to wait for this thing.

Regards

CA Vinay Parmar

ANKIT AGARWAL (DEF) (580 Points)
Replied 03 July 2013

All the above solution would fail. TDS deducted for AY 2011-12 could not be cliamed as a refund in AY 2012-13. You should do the following:

1. dont do anything for A.Y. 2012-13 as it is 100% correct if you see for 1 year information.

2. File online rectification for A.Y. 2011-12 against the intimation u/s 143(1) claiming a refund. It was CPC's responsiblity to admit TDS (based on 26As information) although you forgot to claim it while filing returnn in AY 2011-12.

There could be 2 consequences. viz:

a. Your refund will be granted without any hastle iwithin few months, chances of which are very high;

b. or, the CPC may refer your case to jurisdictional AO. then you should approach himwith form 16A and he will grant you the refund after being satisfied.

P.S. before proceeding just confirm that your 26As reflects the TDS amount for AY 2011-12

Regards,

Ankit Agarwal

ankitagarwal130986 @ gmail.com