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Notice u/s 148

Tax queries 537 views 4 replies

One of my client got Notice u/s 148 from Income Tax Department because of mismatch of income in 26AS & ITR filed.

My client had filed their return on the basis of payment certificate & Form 16A(manual certificate) provided by his deductor in F/Y 2010-11 and had shown it correctly. Later on the Deductor filed/revised TDS return and had shown inflated payment to my client than what was shown earlier in payment certificate and Form 16A. 

My client got notice u/s 148 because to mismatch in income shown in ITR & in 26AS.

help me how to response to the notice.

It will be very helpful if get immediate reply.

thanks

Replies (4)

DEAR SIR,

CONTACT YOUR DEDUCTOR AND ASK HIS FOR CLEARLIFY OF  REVISE RETURN  . GET A FRESS DETAIL OF YOU FORM 16A AND 26AS .

 AFTER THAT YOU  SHOULD REVISE YOU ITR IF  NEED.

GOOD LUCK 

Object to the reasons of reassessment on the basis of plea that your client has filed return correctly on the basis of certificate issued by the deductor. Also contact deductor to clarify on this issue as to why he needed to revise his return to show inflated income to the client and if he does not respond or your client is unaware of inflated income shown in his name i.e. if inflated income has not been reflected in any of his bank accounts than you may file objections to the AO explaining entire thing and ask him to issue notice u/s 133(6) to the deductor.

Hello Mr. Manish Kumar

 

Income Tax department can issue notice under section 148 where income has escaped by the assessee. Through this notice they only demand to file return with in the time limit specified in the notice.It is only a preliminary step towards the commencement of  assessment, reassessment, or recomputation under section 147.

 

If your client actually received the amount specified by the deductor in his revised TDS return to the department, he is liable for payment of tax on such amount.So it is better to file the return within the time specified in the notice. Otherwise it will lead to assessment.

 

If your client didnt received the inflated amount, specified by the dedcutor in his revised return he has no need to pay tax so he has no need to file return.Then you can give a reply to the department against the notice u/s 148 instead of a return. 

 

Note: Income tax department specified during the last year that, dont rely on the manual 16A's issued by the deductor. Rely only on the 16A from NSDL.

Dear Hemanth,

 

Online Form 16A, from TDSCPC (not NSDL) were implemented from 1 April 2012 only.  So it is anyways not applicable to the querist's financial year 2010-11.  He has to rely on the manual form issued.

 


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