Wrong demand raised by deptt in intimation u/s 143 (1)

Agreed with Raman Goel you just need to file online rectification u/s 154

If return was filed online, then yes you may file rectification u/s 154 from the incometax website.

As per section 154 of Income Tax Act 1961

(1)with a view to rectifying any mistake apparent from the record an income tax authority referred to in section 116 may

(b) amend any intimation or deemed intimation under subsection (1) of section 143;

(2)subject to other provisions of this section, the authority concerned

(b) shall make such amendment for rectifying any such mistake which has been bought to its notice by the assessee.

Explanation

In this case income tax authority has committed a mistake by not considering TDS credit, deducted by the employer, deposited to central government and reflected in 26AS. So as per sub clause (b) of subsection (1) of section 154 the income tax authority may make such amendment to the intimation issued u/s 143(1)even if it is brought to the notice of income tax authority by the assessee concerned. so you can file a request before income tax authority for rectifying the intimation, invoking section 154(2)(b), issued by them.You can file the intimation electronically if the original return is filed electronically. other wise you should have to file the request manually.

Hi!

I have another question here. A rectification relating to AY 2012-13 however, cannot be filed online if I am right? Since, online returns cannot be generated now for that year? So , in that case, what is the remedy? To file a manual rectification with the AO?

Nupur

As per subsection (7) of section 154 'no amendment under this section shall be made after the expiry of four years from the end of the financial year in which the order sought to be amended was passed'

So first of all please verify the date and year of intimation passed by the income tax authorities.They cant make amendment to the intimation after 4 years from the end of the financial year in  which the order was passed.

You can file a request for rectification at any time online. No period of limitation is fixed by the statute for the filing of request for rectification under section 154. Even if the original return is filed for the A.Y 2012-13 you can file a request for rectification now. Because this request is not directly related to the original return filed for the A.Y 2012-13. This is a request for rectification of intimation passed by income tax authorities.So you can file a request now, using online mode, even if the A.Y for which the return filed is 20121-13.

Hi Hemanth,

Thank you for replying.

But the issue is that when I follow the procedure laid down by the department for filing rectification under section 154, in that it asks for upload of the X M L file with rectified data. How should I generate an X M L file now since the excel utility for AY 2012-13 is not available now ?

Nupur

 Text from FAQ (revision and rectification) 

.https://incometaxindiaefiling.gov.in/#EFQ5

• I want to file a Rectification for correcting data for Tax Credit mismatch ONLY. Do I need to upload an XML (generated from the Excel Return preparing software utility)?

  Answer: No. Select the user type as 'Taxpayer Correcting Data for Tax Credit mismatch only' and then provide TCS, TDS or IT (Advance Tax/Self Assessment Tax) details. Submit the request. No XML upload/submission is required.      

Hi,

I had filed ITR1 since I am salaried and serving in private organisation. Within the Form 16 as received from my organisation. I have entered the Gross Income in my ITR1 form as per "Gross total income (6+7)" from my Form 16 form which is after deducting "Deductions u/s 24 - Interest" which I had filed on 16th June 2017.

Today, I received a soft copy from I Tax with Subject : "Communication of proposed adjustment u/s 143(1)(a) of Income Tax Act, 1961. It mentions to respond to the adjustments(s) proposed u/s. 143(1)(a) within 30 days.

Also its mentioned that an revised return upload can be enabled to process with complete of data. 

Since there is NO provision for Deductions u/s 24 - Interest, can you guide me what is the suitable steps for me. Will 154 be applicable to me.

I would appreciate guidance on this please.