Tax rectification & refund

u can go for it 

" I'm facing one another problem related to my income tax rectification. I observed in my form 16 for the assessment year 2016-17 that the HRA has not been considered by my company and excess tax has been filed mistakenly. I have requested the rectification for the same on 10-03-2017 and file has been forwarded to my local jurisdiction Bihar Sharif, Bihar."

Your rectification u/s, 154 cannot be considered, as the basic requirement of filling the ITR is missed by you.

You can even file return for AY 2016-17, after getting permission u/s. 119(2)(b), as refund case.

What I understand from your query is that your company did not consider your HRA and hence deducted more than required amount of tax. You have filed your return in which you have claimed HRA but it was not considered by the department and thereafter you have filed for rectification. Please confirm.

Thanks for your response Yes you understanding is correct that my company didn't consider HRA and more than required amount of tax has been deducted and the answer of next point is I didn't filed the return because while submitting the ITR for assessment year 2016-17 I didn't observed this in my form 16 and on Feburary-2017 I was looking into my form16 and found that I have done mistake while filing the ITR. I contacted to tax customer care and they suggested me to file the rectification. So I have filed the rectifiaction but now nothing is happining and I don't know what to do :(.

Please let me know for any further clarification.

Many Thanks,

 

 

Originally posted by : Dhirajlal Rambhia
	" I'm facing one another problem related to my income tax rectification. I observed in my form 16 for the assessment year 2016-17 that the HRA has not been considered by my company and excess tax has been filed mistakenly. I have requested the rectification for the same on 10-03-2017 and file has been forwarded to my local jurisdiction Bihar Sharif, Bihar." Your rectification u/s, 154 cannot be considered, as the basic requirement of filling the ITR is missed by you. You can even file return for AY 2016-17, after getting permission u/s. 119(2)(b), as refund case.

Originally posted by : Dhirajlal Rambhia
	" I'm facing one another problem related to my income tax rectification. I observed in my form 16 for the assessment year 2016-17 that the HRA has not been considered by my company and excess tax has been filed mistakenly. I have requested the rectification for the same on 10-03-2017 and file has been forwarded to my local jurisdiction Bihar Sharif, Bihar." Your rectification u/s, 154 cannot be considered, as the basic requirement of filling the ITR is missed by you. You can even file return for AY 2016-17, after getting permission u/s. 119(2)(b), as refund case.

Hello Sir,

Sorry but Could you please kindly let me know how to get the permission u/s. 119(2)(b) . And do you mean now It is not possible to do this and get back the excess paid tax?

Many Thanks,

" the answer of next point is I didn't filed the return because while submitting the ITR for assessment year 2016-17 I didn't observed this in my form 16 and on Feburary-2017 I was looking into my form16 and found that I have done mistake while filing the ITR."

Make clear, did you file Income tax return form ITR1 or ITR2  with income tax department, or just you mean to say that form 16 is your ITR!!

The treatment to get refund back differs, based on your earlier action of filling or not filling ITR (and not details given to employer, reflected in FORM 16).

In any case, the right treatment will be able to get you refund back!!

Sorry for the confusion. What I meant here is normally I file ITR online form ITR1 according to my form 16 and I did it last year. After that I observed HRA amount has not been considered in my total income. Now I want to do the correction according in my total income and get the excess tax paid mistakenly.

Hope I clarified my query.

Please let me know for any further clarification.

Thanks

Sorry for the confusion. What I meant here is normally I file ITR online form ITR1 according to my form 16 and I did it last year through income tax portal and I paid tax including the HRA amount in my total income. After that I observed there is no HRA amount considered in my total income. Now I want to do the correction to consider the HRA amounts in my total income and according get the excess tax paid mistakenly. Hope I cleared my query. Please let me for any further clarification. Many Thanks.

" .....normally I file ITR online form ITR1 according to my form 16 and I did it last year........"

1. What is the status of the ITR filed? Did you receive 143(1) intimation?

2. You could have filed Revised return online.............

3. If you are conversant enough, you can follow the link......

https://www.incometaxindia.gov.in/Pages/tax-services/request-for-rectification.aspx

 

Hello Sir, Thanks for your response. 1) Yes I received Income tax Intimation U/S 143(1) on 17-Sep 2016. 2) Is it possible to file revised return now under Revised 139(5)? If yes then shall I go ahead with this? 3) I already requested for rectification and it has transferred to AO. Now I don't know what to do next and get the status. Customer care is asking to contact local ITO but they are not responding properly. So I'm totally stuck here now and don't know how to proceed further. :( Many Thanks for your valuable suggestions.

1. One can revise the return for AY 2016-17, upto 31.03.2018; provided the original return filed u/s. 139(1).

2. In your case the rectification request is already pending with ITO, so any revision of the ITR will also be transferred to ITO, which will create more hurdle in refund process.

3. Now-a-days, because of many assessees claiming fake HRA deduction, department has started strict verifications of such claims. So, you may prepare all the documentary proofs required for the authencity of the HRA claim like Owners details as his PAN, address etc, copy of rent agreement, rent receipts along with bank statments for the rent payments, form 16, salary slip with HRA details, actual HRA eligibilty in your case, revised tax liability after the HRA claim, copy of intimation 143(1), and final refund due. Submit these with new application for rectification request u/s. 154 to your ITO, and keep the acknowledgement of the same. (with documents submitted)

Order has to be passed by the authority concerned within 6 months from the end of month in which the application is received by it.  After which you can accept/appeal against  the order to higher authorities.

Hello Sir,

Thank you so much for your valuable suggestion. Highly Appreciated! 

As suggested above I had requested for the rectification u/s 154 online and I didn't find any option to upload the document. I was also wondering that time how to submit the proof. I have received below feedback from tax department attaching the same snapshot below.

I was thinking to submit the document and send my brother to the local tax department but they are not responding properly and not checking anything just asking him to come one or another day :(. So my last question is do I have to go to the local tax department and request for the new application u/s 154 and submit the hard copy of all the required document?

Many Thanks in advance!

 

 

It seems the rectification request was not properly drafted, as the reply suggest that there was change in assessable income. Actually the mistake is apparent on record of claiming HRA deduction.

Anyway let me suggest to rope in a local tax expert at Patna who can handle the matter in professional way. All the said proofs should be submitted first alongwith the HRA claim. The file has been transferred to ITO for the rectification process, so handle it with care. I can assure you with right approach your legitimate claim will not be denied. (No need to mention that things will move on paper, and not verbally) All the best.