Intimation under section 143(1)

assessee has received notice u/s 143(1) on 27.02.2020 for A.Y.2019-20 for not calculating education cess on tax liability.
but as tax rate is taken as per DTAA there should not be cess liability as per act.

How can I solve this query??
Rectification is possible in this case ??
Replies (4)
Quick Summary
An assessee received an intimation under Section 143(1) for AY 2019-20 due to non-calculation of education cess. The query arises because tax rates were applied as per a Double Taxation Avoidance Agreement (DTAA), which seemingly negates cess liability according to the Act. The discussion suggests that a rectification request might be the best course of action, especially if the DTAA agreement details aren't fully clear. Rectification is possible for errors apparent from the record, but new items cannot be introduced.

For DTAA total tax including surcharge cess every type of tax is considered to arrive at DTAA relief.
The querist has not mentioned DTAA AGREEMENT.
AS A RESULT OF THE FACT , ITS VERY DIFFICULT TO ASSESS TO STATE THAT.
YOU HVE TO EITHER DISCLOSE THE CALCULATION WHICH THEY HV CALCULATED AND YOUR CALCULATION.
OTHERWISE DIFFICULT TO RESOLVE.
HOWEVER, ONE OPTION IS AVAILABLE YOU MAY PLACE A RECTIFICATION REQUEST.

You can file for rectification of error is apparent from record. You can not add or subtract any new item which was deemed as left out duringnal filing return.

Thank you for your replies

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register