Invalid demands from ay2008-09

Efiling 662 views 17 replies

Hi all

I was working in Chennai between 2006-2010, and filed tax under Chennai Circle. I left Chennai in 2010

In 2011-Nov I got a communication from CPC (H1), notifying a tax demand of ~ Rs 66000/- from AY2008-09. Unfortunately I missed this communication as I changed address.
For AY2011-12, I claimed a tax refund of ~ Rs 25000/-
In 2012-Mar I got a communication from CPC (143(1)), notifying me that the AY2011-12 refund of Rs 25000/- has been adjusted against the AY2008-09 claim. (The AY2008-09 outstanding demand stands at Rs 41000/-)
My AY2011-12 return was transfered from CPC to Chennai Circle AO
On checking the Form 26AS for AY2008-09, I found, it is missing the tax deposited for month May, Jun, Jul 2007, totaling ~ Rs 51000/- (Total TDS ~ Rs 192K, 26AS shows ~ Rs 145K)

It was not possible for me to go to Chennai and meet the Chennai Circle AO. So I have sent letters twice trying to inform them of the TDS not accounted for AY2008-09.
I have also responded to the Tax demand on the e-Filing site. But nothing happened.

How should I resolve this?

Thanks,

Replies (17)

26 AS is a true summery of Tax deposited and TDS deposited / disbursed in your PAN account, if you have found any discriopency then you have to approch the "deductor"not the ITDepartment 

to save your time , you can change your PAN data with new address by submitting form 49A, and on receipt of new PAN, you can submit a letter to chennai ITO to transfer your dispute rated files to new ITO, as unless you change your PAN data all returns will go the the ITO as per pan data 

Thanks for that very quick and helpful response.

Unfortunately the company was working at that time was acquired by another company in between and changed names inbetween. So its difficult to figure out who/where the "deductor" is.

Regarding, transfering the files to my new address; I will follow your suggestions.

26AS is available from AY 2009-10 only. Where did you get the  26As for AY2008-09

1) First step is to tell your Chennai Employer to rectify his TDS return. Even though some other co  has taken over the same - their duty remains with new co to rectify.

2) Once the TDS is rectified you should give a rectification request for AY 2008-09.

3) your Self assesment tax from AY 2011-12 under head 400  [25k] and the original refund as per ITR along with Int u/s 244 will be credited to your account.

4) In case the co which took over rsfuses  to rectify the TDS you have to go to TDS AO of your area in chennai and give old TAN no of Co. - ITR-V xerox and form 16 xerox. 

You have to take leave and do all this or name a CA in Chennai  

HAPPY DIWALI

I got the 26AS from the TDS site itself; it provides from AY08-09. Downloaded the latest yesterday

Originally posted by : S. Shiroor
1) First step is to tell your Chennai Employer to rectify his TDS return. Even though some other co  has taken over the same - their duty remains with new co to rectify.

2) Once the TDS is rectified you should give a rectification request for AY 2008-09.

3) your Self assesment tax from AY 2011-12 under head 400  [25k] and the original refund as per ITR along with Int u/s 244 will be credited to your account.

4) In case the co which took over rsfuses  to rectify the TDS you have to go to TDS AO of your area in chennai and give old TAN no of Co. - ITR-V xerox and form 16 xerox. 

You have to take leave and do all this or name a CA in Chennai  

HAPPY DIWALI

Thanks for the guidence, I have dropped a mail to the acquiring company. Will wait for their response.

Planning to drop a mail to the Chennai AO too (now that I find their is a email ID for them in the e-Filling site) after the Diwali holidays.

Happy Diwali to you and all.

In my case the  TDS is available from AY 2009-10

Plz confirm that it is  AY2008-09   or FY 2008-09 

In all cases the TDS is available from AY 2009-10 [FY 2008-09]

Originally posted by : S. Shiroor
In my case the  TDS is available from AY 2009-10

Plz confirm that it is  AY2008-09   or FY 2008-09 

In all cases the TDS is available from AY 2009-10 [FY 2008-09]

I can confirm it is AY2008-09.

Infact, the 1st time I came across this TDS site in 2012, I could download 26AS from AY06-07. I still have copies of those 26AS. But the data was all wrong/missing/mixed up. I had self-assessment taxes showing credited on wrong year etc. But those have automatically rectified. In fact all this mixed up 26AS is the reason I could not figure out the reason for the demand for so long.

No ON TRACES it is not availbale. You must have don loaded from  TIN- NSDL website. It is not there now. 

if your TDS deducted reflets in 26AS then you are eligible to make approach, if not then on which ground you are claiming the TDS? ask the deductor only to make rectification in their records, so that it would get reflected in 26AS 

Originally posted by : U S Sharma
if your TDS deducted reflets in 26AS then you are eligible to make approach, if not then on which ground you are claiming the TDS? ask the deductor only to make rectification in their records, so that it would get reflected in 26AS 

Yes, latest 26AS downloaded from the TRACE site (I can confirm I am getting AY08-09 in the TRACE site for me and able to download the 26AS). And it is showing the TDS shows Rs145K against the actual company TDS of Rs 192K.

I have copy of the Form 16 from the year. Hence I believe, I have a case to go to deductor for a correction.

I approached the current owner of my the-then employer. Their 1st response is, they only have details from the time they acquired, 2009. But they have fwded the case internally. As this is Diwali week, I guess I will have to wait before getting a conclusive reply from them.
 
What are my options, if deductor does not agree to act & do the necessary correction?

 

If deductor does not agree then you have to go to TDS AO and file a complaint. U/s 205 you are protected from paying further tax for which you have to approach your AO to not tell CPC to deduct. That should be done within  3 weeks after getting notice for sending refund from 2011-12 to AY 2008-09.  

I have asked many ppl and my tax inspector also confirmed that TRACES is from AY 2009-10 [FY 2008-09]

Are confusing between AY and FY.  

 

 

Originally posted by : S. Shiroor
If deductor does not agree then you have to go to TDS AO and file a complaint. U/s 205 you are protected from paying further tax for which you have to approach your AO to not tell CPC to deduct. That should be done within  3 weeks after getting notice for sending refund from 2011-12 to AY 2008-09.  

I have asked many ppl and my tax inspector also confirmed that TRACES is from AY 2009-10 [FY 2008-09]

Are confusing between AY and FY.  

 

 

yes, as everyone was questioning me how I got the 26AS from TRACE for AY2008-09, in my last post I have attached a screenshot image of the 26AS that I downloaded from the TRACE just 3 days back (7th Nov). You can see, I am not confusing AY/FY.

Half the page is covered with Ads - so cant see much. I am not able to get mine on TRACEs. but i had old 2012 copy of NSDL which i had to submit to AO for rectification


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