Intimation u/s 143(1) and relief u/s 90/90A

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Nitin

engineer

25 Points Posted on 21 March 2020

Hi,

i've received intimation u/s 143(1) for AY 2018-19 showing net tax payable. however, upon comparing ITR filed by me, i notice that relief u/s 90/90A has been ignored even though it was clearly part of my filed ITR. i work for an MNC and had foreign shares which created foreign income, partly taxed in USA and hence i had claimed partial relief from tax under u/s 90/90A. would appreciate any help on how to proceed?

Thanks in advance,

Nitin

Replies (6)

Quick Summary

This discussion addresses a common issue where the Income Tax Department's intimation under Section 143(1) fails to acknowledge relief claimed under Section 90 or 90A, leading to an incorrect tax demand. The primary solution suggested is filing a rectification application under Section 154 to correct the oversight. Participants share their experiences, including situations where the ITR and Form 67 were filed correctly but the relief was still ignored, and discuss the process of submitting the rectification request.

vikaskhiyani

be a chartered accountant

35 Points Posted on 22 March 2020

U need to file rectification u/s 154 online.

Nitin

engineer

25 Points Posted on 22 March 2020

Hi Vikaskhiyani, thanks a lot for your response. i forgot to mention that my ITR was transferred to and processed by AO. I assume that doesn't change your recommendation to file rectification u/s 154. Also i guess i've to selection option " No further Data Correction required. Reprocess the case" for rectification u/s 154. Please confirm. also if i go with above option, do i've an option to leave comment to mention what discrepancy i'm hoping them to correct. i should have also mentioned that relief 90A is also not mentioned in the Intimation in the column "as provided by tax payer". i don't understand why.

Thanks and Regards,

Nitin

vikaskhiyani

be a chartered accountant

35 Points Posted on 22 March 2020

Since intimation order does not mention relief u/s 90A as provided by tax payer, that means you had not claim benefit u/s 90A. that's why liability is arising. send me intimation on vikaskhiyani71 @ gmail.com, I had to check that.

Sanjeev

Tax Payer

117 Points Posted on 18 April 2021

Hi Nitin,

I see exactly the same issue now. I'm not given relief u/s 90, though I clearly mentioned the details in my ITR and filled form-67 too. The 143(1) intimation says that I didn't even claim this relief.

How did you proceed ? Is it solved for you ?

Please guide me.

It is urgent !!

Sanjeev

Tax Payer

117 Points Posted on 18 April 2021

Hi Nitin,

Can you help with the modifications your CA did to your IT return for rectification ?

Any inputs will be helpful and are eagerly awaited.

Reg

Nitin

engineer

25 Points Posted on 21 April 2021

Hi Sanjeev, i've replied to you seperately. I've not received any response from income tax dept on the rectification filed. in my case, CA determined that my ITR filed and form 67 submitted are both in perfect order.