Rectification in tax deduction
Milind
(Querist) 01 August 2013
This query is : Resolved
Dear Sir/Ma'm,
A1 - Husband , B1 - Wife
A1 was a LIC agent and B1 is nominee as mentioned in A1's LIC status report,A1 passed away,due to road accident on January 2012, and then after B1 claimed for A1's Hereditary commission, having filled hereditary commission form, now B1 was keep getting her hereditary commission, and submitted a PAN number xerox of B1 for deducting tax now under B1's PAN instead of A1's PAN to sale's department in LIC,and submitted another reminder regarding this on May 6,2013.
on last of June 2013, B1 received her form 16 A of FY 04/2012 TO 03/2013,at the name of B1 and PAN was mentioned of deceased A1, after that B1 rise an objection to BM-LIC-Z1, the then BM-LIC-Z1 rectify the mistake done by sales department,by crossing A1's PAN &having written B1's PAN number he approved it on original form 16 A, and suggested B1 that now B1 can filed a return.
after few days B1 filed return with the help of local advocate and he says that the rectification which was done by the then BM-LIC -Z1, is not appearing in B1's form 26s form.
Now BM-LIC-Z1 got transferred and new LIC-BM- L2 take charges,again B1 rise an objection over not transferring refundable tax amount to her PAN number,L2 reply he would talk to sales department officer - O1 for solution, B1 wait for 1 week and she submitted 2nd remind on july,2013 to L2, he argue that all B1 need to do is go to local Assessing officer- D1 for rectification, B1 went to D1's office, D1 suggested that the procedure wont take more than 1 day for transferring tax into B1's PAN,he(D1) cant do anything about it,deductor is LIC, so only they can transfer the amount, LIC's L2-BM, and O1 is really rude with B1 it seems to B1 that they never want do her work, now in this situation what B1 can do.
do she rise a complaint/FIR for not doing rectification ?
Please suggest me.
thanks
Rajesh Thakker
(Expert) 06 December 2013
Your question is correct. The LIC should file correction return as per the provision of the Income-tax Act. But LIC is not filing the correction returns in the cases of his employes or his agents, when mistake made by LIC. There is only remedy for you that to approch before the Commissioner of Income-tax (TDS)and file complaint against the LIC to enforce the LIC to file correction return.
