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Invalid demand notice

Ashish (SE) (26 Points)

20 February 2015

Hi Experts, I have received a demand notice 143(1) for pending tax for assessment year 2010-11 for which the returns were filed by paper.

I checked my form 26A, form 16 and ITRV and all are intact and correct. There is no tax pending from my side.

Now how do I get this rectified ? I was in working in bangalore in 2010-11 and now have moved to trivandrum.

In my profile page in incometax india site, this demand is still waiting for my action.

Please assist.

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7 Replies

Swami Ayyappa Nuli (TAX ADVISOR & CONSULTANT AT G.S.T SUVIDHA CENTER) (1372 Points)
Replied 20 February 2015

Sir, First of all check Your 26AS with 143(1). Is TDS deducted by your employer reflected? then check 143(1) with your return filed(Paper return), is there any deviations of 143(1) from your return? As you said you have moved to another place, do you offer both employer salary? If no discrepancy found then you can file Request for Rectification to your Jurisdictional Assessing officer(Who issued 143(1) notice to you. Actually such A.O can issue Rectification order (Revised if agree with you) with in 4years from the end of Financial year in which the return sought to be rectified was filed by you. Then A.O if satisfied may issue Order of Rectification with in Six months from date of application you made.

1 Like

Ashish (SE) (26 Points)
Replied 20 February 2015

Hi Nuli,

Thanks for the reply. TDS deducted by my past employer is same as what is there in 26AS and Form 16. All the entries are correct.

How do I raise a rectification request with the AO ? Can this be done online or do I have to visit the concerned department in bangalore ?

Also, what all documents do I need to carry if its a personal visit ?

Rahul Verma (CA-Final) (484 Points)
Replied 20 February 2015

Hey Ashish

As per my knowledge if you received demand in the intimation u/s 143(1) then there should be difference between the figures filed by you and accepted by the department. So check each and every column very carefully you will find the difference in the intimation. After finding the difference you can apply for the ractification u/s 154 through online.

Thanks

Ashish (SE) (26 Points)
Replied 20 February 2015

Hi Rahul, There are no discrepancies between 26A, form 16 and ITR-V, all have the same tax amount mentioned. Im not sure why the demand has been raised yet.

Actually I have tax refund for last year and IT has adjusted that to the demand.

I got all the documents verified by taxspanner and they have asked me to raise a rectification with the AO. They are charging 2500 for every visit.

I was hoping that this could be achieved online and I could do this by myself.

POOJA DINBANDHU MANDAPATI (Audit Executive) (26 Points)
Replied 20 February 2015

As you said that you shifted to another place is this shifting takes place in between then u have check the TAN entered by u in the original return filed. If the shifting is in between then it my happens that the TAN of the employer may be different according to the jurisdiction please check the TAN in 26AS and ur orinal return.