Tax paid in wrong pan and company closed

ITR 1965 views 6 replies

Dear Friends

My income tax for 2009/10 was paid by my employer in wrong PAN number, that PAN number does not exists, however payment was accepted by Income Tax Department. 

My employer has completely closed their operation and only one old person left who is not at all helping, despite many efforts, I contacted their CA, he said he does not have UID/PWD to upload the data again. 

I visited Income Tax Department, they shows inability to do any thing if tax uploaded in wrong pan, however they confirmed the pan number in which money paid does not exist. They suggested me to contact Karvy or other company who uploads the tax data, and get my tax reuploaded to correct PAN number but no luck there as well. I tried some touts/agents but seems no luck. 

I received a demand note of big amount, my last 3 year refund got adjusted againt the demand note. 

Please suggest me the way forward. 

Note: No hope from employer left, so the option to approach employer is not viable. 

Replies (6)
I suggest you to kindly file an appeal to CIT Appeal of Income Tax Department immediately. Consult any FCA for this appeal.

Dear Mr Supriyo, appreciate your response and thanks. A lot. 

I am currently in USA, I read on web about CIT appeal, looks like I have to be available in India to file CIT as they need my signature on form35. Any suggestion. 

This issue comes up in many cases.

You better reach to your jurisdictional AO who sent you notice of demand and file your reply clearly mention facts of your case and annex Form 16 thereto received from your employer for FY 2009-10. If employer shown tax deducted and paid in Form 16, then AO would accept contention and remove your tax demand. If AO is ok with your contention and replies, they will issue seperate notice to deductor for updating PAN no. on immediate basis through your employer's TDS circle.

 

You are really lucky that your employer has quoted wrong PAN no. in their TDS return which is not in Income Tax Database as well.

 

 

Thanks and Regards,

Manoj B. Gavali

 

 

 

 

Hi Ritesh,

As per my understanding, wrong PAN has been provided while paying the tax. Due to which the credit of tax is not received by you. For this first of all check as to what all documents you have regarding AY 2009-10 when the tax was paid eg. Form 16/16A, Acknowledgment of ROI etc Only then rectification procedure can be initiated. Since the amount is high as per the facts provided, you need to be quite carefull before dealing with the assessing officer. 

In case of any further query/help PM or mail.

Anubhav Jain

anubhavjain176 @ gmail.com

Dear All

Thanks a lot for responses, Can any one suggest me reliable CA based out of bangalore who can support in me handling my case.

ritesh2005 @ Gmail . com


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