Koteswar 04 November 2015

Outstanding tax demand for ay 2007-08

Dear Tax and Legal experts,

This is regarding outstanding tax demand against me for AY 2007-08, for the amount of 37,500INR. I travelled to USA through company X in April 2007 and e-filed my taxes AY 2007-2008 from USA. But due to ingorance I didnt send hard copy of Form IV.

After returning to India in June 2013 through company Y, I filed zero value tax returns. Then I got a mail in Sept 2013 from Income tax department regarding outstanding tax demand of said amount.

Please be informed my total tax wouldn't be 35K as my CTC was less 4 lakhs.

Now the situation is, my tax returns for FY 2013-14 and 2014-15 have been kept on hold due to outstanding tax. I have been trying to file dispute, but unfortuately my company 'X' is not able to provide form-16 for Assessment year 2007-08 as it was manual till that year.

I do not have any documental evidences as of now to dispute the outstanding balance.

Please suggest on how to overcome this issue.

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1 Replies

Mahesh V.P. (Advocate) 14 November 2015

Please verify your Form 26AS to ensure that TDS has been duly credited in your account, if not and you are having manual Form-16 you have to apply to your ITO for retification. As per the directions of The Honorable High Court of New Delhi in WP No.2659/ 2012 in the case of Court on its own Motion Vs CIT (2013) 352 ITR 273 (Del) and subsequent CBDT Circular No.8/2015 Dated 14th May 2015. The AO can pass order U/s.154 after obtaining the TDS Certificate and an Indemnity bond form the assessee. Please seek the help of a professional in this regard.