Outstanding tax demand under section - 143(1) and 1431a

Notification 6814 views 12 replies

Hi,

My father is a retired person since last 10 years. I was checking the emails and found some outstanding tax demands from income tax department. I logged in to incometaxindiaefiling and was surprised to see four notifications for AY 2004-05 (Rs 20159), 2008-09 (Rs 1,20,000), 2009-10 (Rs 19000) & 2010-11 (5000). 

1) I tried getting all the old documents from my father but could not get any documents for AY 2004-05. What shall I do? Also, I could not see any details on TRACES for this AY. Please suggest.

2) For remaining two AY, I have got all the documents like Form 16, Traces & tax paid via challan. But, traces does not have any entry for those financial years. TDS deducted by banks are not listed in the traces for that year. My father was supposed to get a refund of approx 30,000 which he never got but instead got these outstanding demand.

3) For 2008-09 (Rs 1,20,000), I could only find few records in traces.

What shall I do? Kindly suggest. I will be thankful for an expert advice. Many thanks.

Replies (12)

Dear Muskaaan,

 

Contact your concerned Assessing Officer regarding the demand raised.

Get the full details from AO regarding this demand to know whether it is due non matching of TDS or Taxes paid by the assessee.

He will provide the details as requested.

Thanks HAYEDAR for your prompt reply.

Can I ask for the required details as you suggested via online site incometaxindiaefiling? Do they respond to it? 

Kindly assist.
 

 

Hello,

Kindly refer the attached pdf containing the details of the outstanding demands raised. I read online and it seems that I need to submit the rectification to AO and cannot be done online. Please confirm.

/editor_upload/134276_20150510133040_tax_demands.png

Also, is there any sample letter which I can submit to AO for my case? Details in attached pdf.

Many thanks.

 

Muskan,

 

for AY 2004-05, 2008-09, you will barely find any detail from the income-tax department.

 

You need to submit an application alongwith an indemnity bond for claiming TDS credits.  form 16 for years before AY 2009-10 are not accepted with indemnity bond as Income-tax department doesn't have digitized record for earlier years.

 

you will have to draft your own letter as per the facts of your own case.

 

for other two years, normal application under section 154 can be filed. However, for AY 2009-10, AO may not accept it as four years have already lapsed from the year in which the assessment order was passed.

Thanks for the details.

1) However, I saw one more finding today. TDS deducted by bank(s) dont show the PAN number of the deducter that's the reason its not showing on Form 26AS.

2) Also, can I file for rectification online? I saw this link under https://incometaxindiaefiling.gov.in/e-Filing/MyAccount/RectificationRequest.H T M L. Kindly confirm. Screen shot in link/url given below:

/editor_upload/134276_20150510204303_onlineapplication.png
 

Thanks.

Originally posted by : Nikhil Kaushik
for other two years, normal application under section 154 can be filed. However, for AY 2009-10, AO may not accept it as four years have already lapsed from the year in which the assessment order was passed.

But, I got the notification recently. What a tax payer can do if they are taking so much time to process? 

for errors in Bank's TDS return, you need to contact the bank for revision of TDS return

 

For rectification, for the returns where rectification rights are with AO, you need to file the rectification application manually only. 

Originally posted by : Nikhil Kaushik
for errors in Bank's TDS return, you need to contact the bank for revision of TDS return

But, these TDS deducted by banks are for AY 2008-09, 2009-10 & 2010-11 which are too old. My father never took a look at the PAN written on TDS certificate. Will the bank revise it?

Originally posted by : Nikhil Kaushik
for errors in Bank's TDS return, you need to contact the bank for revision of TDS return

But, these TDS deducted by banks are for AY 2008-09, 2009-10 & 2010-11 which are too old. My father never took a look at the PAN written on TDS certificate. Will the bank revise it?

honestly, don't expect too much from the bank.

 

Better try to convince the AO on the basis of bank statement, tds certificate (even where PAN is wrongly mentioned) and indemnity bonds)

 

with regards to your point that the notification was received just now, if you see the image that you uploaded for the demand status, the assessment orders were passed within due time.  the demand for AY 2001-02 is a section 220(2) demand which is passed only after 143(1) demand has been met.  So there is no scope for haggling over when you received the notification online.  Your father should have received the earlier income-tax intimations in physical letter form

Hi,

I have submitted the request for rectification in demand notice along with required documents to the IT office (AO) around 3 weeks ago. I was given an ASK number while I submitted the request.

By when I can expect a reply from the AO?

Do I need to revisit the AO/IT office to get this settled? If yes, by when?

Will I get the reply on email, incometaxefiling website?

AO has time for upto 6 months to process the rectification request.  So dont start bothering immediately.  Follow up with AO after sometime in person or over ASK number.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register