Outstanding tax demand rectifucation

ITR 1981 views 1 replies

    

A tax outstanding demand of Rs 448070/-  for AY 2008-09 and Rs 131670 /- for AY 2012-13 was shown in my user log in account of Income Tax Department  under section 143 1b and 1431a respectively. I have claimed the refund of Rs.19128/- for AY 2012-13. The matter was taken up with CPC Bangaluru for AY 2012-13 and they have rectified this tax demand of Rs. 131670/- based on the details given by me but the refund for AY 2013-14 was not paid and the outstanding tax demand for AY 2008-09 was reduced to Rs.409810/- 
 

Regarding this outstanding demand I have taken up the matter with local office because this was the ITR filed manually and records were not available with CPC Bangaluru.It was found that while filing the ITR for year 2009-10 by mistake I have filled the wrong form of 2008-09 though acknowledge received was for 2009-10 but  as the ITR form was for the year 2008-09 it has been entered as revised return for 2008-09 and in this wrong entry also the outstanding tax demand of 457893 lack has been shown. In actual this is the taxable   income of Rs 1704354/-  and tax paid on this income of Rs. 471630/-   for year 2009-10 as  indicated in form 16 and form 26 AS of the AY 2009-10. The ITR of AY 2009-10 has been shown as unprocessed in the system of Income Tax Local office. 

 I have requested for rectification under section 154 for the above to the Additional Income Tax Commissioner i.e to withdraw the outstanding tax demand of Rs 448070/-  and rectify the mistake and correct ITR form for year 2009-10 was also submitted. It was further requested to refund me Rs 19128/- for year 2012-13 which has been adjusted against out standing tax demand by CPC Bangaluru.
It has been informed to me that the Assessment year can not be rectified
by them and they are not ready to rectify this outstanding tax demand and not ready to process my refund for AY 2012-13 also.
 Now what should I do to come out from this problem.

Rajendra

9899021317

 

Replies (1)
CBDT Issues Detailed Guidelines for Laying Down Standard Operating Procedure for Verification/Correction of Arrear Tax Demand by  Guest on 21 April 2014 Detailed instructions have been issued by the Central Board of Direct Taxes (CBDT) to all the assessing officers laying down a Standard Operating Procedure (SOP) for verification and correction of demand by the AOs. As per this SOP, the taxpayers can get their outstanding tax demand reduced/deleted by applying for rectification along with the requisite documentary evidence of tax/demand already paid. The SOP also makes special provisions for dealing with the tax demand upto Rs. 1,00,000/- in the case of Individuals and HUFs in order to accommodate certain extra ordinary situations. The SOP is expected to mitigate the long standing grievances of taxpayers by way of reduction/deletion of tax demands. The CBDT has further noted that many taxpayers are committing mistakes while furnishing their tax credit claims in the return of income. Such mistakes include quoting of invalid/incorrect TAN; quoting of only one TAN against more than one TAN tax credit; furnishing information in wrong TDS Schedules in the Return Form; furnishing wrong challan particulars in respect of Advance tax, Self-assessment tax payments etc. As a result of these mistakes, the tax credit cannot be allowed to the taxpayers while processing returns despite the tax credit being there in 26 AS statement. The CBDT, therefore, desires the taxpayers to verify if the demand in their case is due to tax credit mismatch on account of such incorrect particulars and submit rectification requests with correct particulars of TDS/tax claims for correction of these demands. The rectification requests have to be submitted to the jurisdictional assessing officer in case the return was processed by such officer, or the taxpayer is informed by CPC, Bangalore that such rectification is to be carried out by Jurisdictional assessing officer. In all other cases of processing by CPC, Bangalore, an online rectification request can be made by logging in to e-filing website https://incometaxindiaefiling.gov.in as per the procedure given in detail.


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