Income tax
Anil Pawar
(Querist) 09 December 2013
This query is : Resolved
Dear Sir,
I had filed return for A.Y.9-10 and 10-11 thru company related income tax practitioner.
the company has deducted my TDS for A.Y 9-10 & 10-11,and has issued Form NO.16.but in Form No 16 for year 9-10,Rs.10,000 are short remitted to Income Tax Dept,as seen from 26AS for AY 9-10.
In form No 16 fora.y 9-10 & 10-11, the employer has only mentioned salary given and not mentioned my due investment.
so. Income tax dept asked me for the clarification ,this letter was sent to income tax consultant, which he dint answer.
later income tax depat, issued me notice to pay the taxable amount.
My consultant told me that Income tax dept has hired data entry operators, and they have not paid attention to your claims and investment and the problem will be resolved.
However, I have sent my investment calimed receipt xerox,and for no 16 to income tax dept.
But income tax dept has collected money from my refund for 11-12 and adjusted it against demand for 9-10.
Now recently again i have received notice from Income tax department saying I have to product challans for payment of demanded amount for year 9-10 & 10-11.
IF not, they will take coercive action to recover the dues.
It appears they have not paid attention to my request letter of investments made and Form 16 for A.Y. 9-10 &10-11.
(I learnt from Internet that in the case of Sahani of yashpal Sahani V/s Assistant Commissioner, Bombay high court year 2007 give judgment , the collected by employer but not paid to IT TDS amount should be recovered form Employer)
Kindly advice me what should i do in this case sirs,
Regards
R.K Nanda
(Expert) 09 December 2013
consult tax lawyer.
Rajesh Thakker
(Expert) 09 December 2013
You approach to your employer with form 26AS and compel to file revised form 24Q with TDS data. After revised form, TDS amount will be reflected. Then after file rectification apllication before your Incometax Officer. Demand will be nil after ddisposal of your rectification.
Rajesh Thakker
(Expert) 09 December 2013
You approach to your employer with form 26AS and compel to file revised form 24Q with TDS data. After revised form, TDS amount will be reflected. Then after file rectification apllication before your Incometax Officer. Demand will be nil after ddisposal of your rectification.
C. P. CHUGH
(Expert) 09 December 2013
Dear Mr Pawar,
Before i suggest remedies to your problems, my advise is " JISKA KAAM USI KO SADHE, DUJO KARE TO JOOTA BAJE" exactly this has happened in your case. Just to save on professional fee, many would turn to non-professionals and end up with undesired notices.
Now the solution to your query.
1. First ask your employer to furnish correction statement so that full amount of tax deducted from you is appearing in your 26AS statement.
2. In case your return has been furnished electronically, make an online request for rectification of error, else make a physical request before jurisdictional AO.
Hope this helps you.
C. SANJEEVA RAO
(Expert) 10 December 2013
As Mr. C P Chugh saab and Mr. Rajesh Thakker, advised, the rectification petition u/s.154 has to be preferred before the jurisdictional officer or to the CPC,Bengaluru, and also refer the recent CBDT's circular in such type of case and also the judgment of Delhi High Court, where the suo moto petition has moved and admitted the same, and good judgment was delivered in favour of the assessees.
