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..
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
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
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
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
CAclubindia
