Notice u/s 143(2)
deepak kumar
(Querist) 04 October 2014
This query is : Resolved
sir,
i am an employ in a govt. college.i have file it-return for ay2013-14 accordingly tds certificate given by college authority by 31st july,2013.now incometax department has sent notice to me u/s 143(2) and it shows that there is a difference of rs. 5000/- in tds amount deducted and for this the said department has made fine to me. i have checked my 26as for ay2013-14 on incometax site and it shows that rs.35305/- has been deducted in tds only while i have been issued of rs.40305/- as tds.what should i do? please help me.
Anirudh
(Expert) 04 October 2014
Dear Mr. Deepak,
Immediately on issuing notice u/s. 143(2) they will not impose a fine.
By giving you the notice, they only ask you to first reconcile.
You say that you have been issued with a certificate of TDS by your college for Rs. 40305/- but the 26AS shows only Rs. 35305/-. You have to take up with your college authorities and ask them to rectify the error. If this is done, your TDS will get reconciled and I.T.Department will not take any action.
In any case, after the Mandamus issued by the High Court of Delhi, Central Board of Direct Taxes has issued INSTRUCTION NO. 5/2013 [F.NO.275/03/2013-IT(B)], DATED 8-7-2013 to the effect that when an assessee approaches the Assessing Officer with requisite details and particulars in the form of TDS certificate as an evidence against any mismatched amount, the said Assessing Officer will verify whether or not the deductor has made payment of the TDS in the Government Account and if the payment has been made, credit of the same should be given to the assessee. However, the Assessing Officer is at liberty to ascertain and verify the true and correct position about the TDS with the relevant AO (TDS). The AO may also, if deemed necessary, issue a notice to the deductor to compel him to file correction statement as per the procedure laid down.
Therefore, if you have with you the TDS Certificate issued by your employer college, then approach the ITO concerned and produce it before him with a covering letter and take acknowledgement of the same in reply to the notice received by you u/s. 143(2). At this stage, neither you need to pay the difference nor any fine.
Rajendra K Goyal
(Expert) 04 October 2014
Well advised, agree with the expert Anirudh.
Anirudh
(Expert) 06 October 2014
Now I notice that in your profile you have stated that you are a criminal,civil & incometax lawyer.
But in the above query, you state that you are an employee in Govt. College.
Which one is true?
