Notice u/s 143 (1) (a)

ITR 962 views 10 replies

Notice received u/s 143(1)(a) for mismatch of Income as Return and as per Form (26AS)

(i) Savings Account interest shown as Income from Other sources and claimed deduction for the same amount u/s 80TTA - Is this correct or needs to be revised.

(ii) TCS for Purchase of Car is shown as difference in come between Return and Form. This obviously does not reflect in Form 16. While filing returns I had claimed refund of this TCS which was paid as part of cost of vehicle.

(iii) The donation which was paid is also not reflecting in Form 16, which is considered as difference between the Form and Return

Not sure how to treat these and provide them a response. 

Replies (10)
Above three Questions also Yes and Your exactly correct. But, You ll be replied as compliance options is ITR is correct.
Then you ll be safe for above said documents.
Donation is under 80G then is also correct....

with response to that mail, you may select "disagree to add" option, you will get 3 to 4 options , give/select suitable reply and also provide/attach proofs also. 

 

I also have received 143(1)(a) for mismatch of Income as Return and as per Form (26AS)

TCS for Purchase of Car is shown as difference in come between Return and Form. This obviously does not reflect in Form 16. While filing returns I had claimed refund of this TCS which was paid as part of cost of vehicle.
While I disagree to the notice as suggested above what options should be seleceted? Also what attachments to be added?

 

Though I'm yet to respond, but, I when I reply to them I plan to use the following option - "Deductions claimed in the return but not in Form 16" and attach  scan copy of Car Invoice (which the notice says should be added as Income) along with another Debit note provided by my car dealer where the TCS amount is reflected.

However, going by multiple threads relating to this topic here, I plan to wait for some more time before providing a response, as there are some suggestions here that ITO may get back with revised Notice.

Sounds good to me. I will also do same after waiting for 2-3 days. Thanks a lot
 

@ Vishwa

@ Shibin Jose

These links are haelpful both of you... Please read and Try to it...

 

https://www.charteredclub.com/income-tax-section-1431/

 

https://help.cleartax.in/hc/en-us/articles/115010792968-Communication-of-proposed-adjustment-u-s-143-1-a-How-to-resolve-

Thanks Raja.

But one thing is still not clear, why the amount spent on car is suggested to be considered as income when it is actually expense from my salary income.

Every person, being a seller, who receives any amount as consideration for sale of a motor vehicle of the value exceeding ten lakh rupees, shall at the time of receipt of such amount, collect from the buyer, a sum equal to one percent of the sale consideration as income tax. Its effective from 1 June 2016................

Yes. Understood about the new rule. The dealer did cut 1% TCS against my purchase. But as per the notice, the entire amount I spent for purchase of car (~11L) is suggested to be added as my income under 'Other income' option. This sounds like I was selling the car which brought some additional income to me. But in actual, I purchased a new car and did not sell it. I spent already tax payed salary for the purchase. So I dont want to show it as my income as they suggested in the notice. As per the rule, the TCS amount should ideally be re-funded after filing ITR as per my understanding.

Thanks @ Raja @ SJose

In my case I would have to provide proof for 80G, 80TTA + TCS. Non of these are part of my Form 16. Because of which I presume this notice.

Will close this in next few days and update, once I'm done.


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