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Intimation us 245 income tax act

chetan (accountant) (321 Points)

02 March 2013

Dear friend

Please help me out about intimation u/s 245 for the ay 2012-13 it was saying your refund has been adjusted against demand of Rs 650 for ay-2010-11. but in ay -2010-11 there was a refund and still it is unpaid. how can they raised demand?

for your reference i have attached screenshot of intimation.

pls guide me. how to reply them

regards

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6 Replies

(Guest)

Dear Mr. Chetan,

I suggest you request for the Intimation U/s. 143 (1) (a) from your jurisdictional AO for AY10-11 to cross verify with the income tax return filed by you for the same AY. Depending on what is in the IT Dept records, you can file a rectification in case there are differences. (You expect a refund, but the Dept has raised a demand)

Do keep me posted about what you do in this case.

1 Like

chetan (accountant) (321 Points)
Replied 04 March 2013

Hi shruti

I have checked intimation option but there i get the message of there is no intimation u/s 143(1) it mean still my assessment has not done for the ay 2010-11.

Regards

chetan

1 Like

Anubhav Jain (Article Assistant) (184 Points)
Replied 04 March 2013

hi chetan,

there are many cases when the intimation is send through post, if filled manually, so in your case the Local AO had sent you the intimation letter but may be misplaced, and also you cannot even find the cause of demand, they have given you time limit of 30 days so act as soon as possible.

*So in view of the above intimation from department we have jotted down some important points to be noted which can assist you in knowing about your demand and help you in solving the problem:

As the return for the relevant AY has been transferred to Local Assessing Officer, rectification cannot be processed online.
If you want to do a rectification against the outstanding demand you would have to contact your Local AO in your jurisdiction. You can check your jurisdiction online from the income tax department website i.e. www.incometaxindiaefiling.gov.in and click on “Know Your Jurisdiction”.
Please carry the necessary supporting documents including the intimation u/s 245 the rectification i.e. ITR Form, ITR Acknowledgement, Tax Computation, Details of Income and Tax Investments made, Form 26AS, etc.
A timeline of 30 days is given from the department. If no respond is made within this time limit, the refund for AY 12-13 will be considered for adjustment against outstanding demand.
If the outstanding demand amount for previous years are greater than the tax refund for FY 11-12 (AY 12-13), the balance demand will still reflect as outstanding demand for the relevant year. The refund for future years may further be adjusted with the balance outstanding amount.

*source:Taxmantra

2 Like

chetan (accountant) (321 Points)
Replied 05 March 2013

this is online return then there is no way to send intimation through courier. Am i right?

by the way tommw i am going to income tax to check the reason so i update you about the same.

Regards

chetan

Taxguy (Consultant) (3383 Points)
Replied 05 March 2013

The demand as seen in the letter is raised by Jurisdictional AO, who alone can act on this. He can withdraw the demand and if done, then no problem,

If this matter for 2010-11 doesnot get resolved, then CPC will adjust your 2012-13 refund against 2010-11 demand and pay the jurdisdictional AO the 650 Rs. He can in turn refund the same if the demand is nullified later.