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Venkatesan Raja (Senior Consultant)     22 October 2011

Income tax arrear demand for 2007 and 2008

Dear lawyers,

Today I got an email from CPC stating I had to pay tax arrears for the years 2007 and 2008. The amounts are very high

OLD INCOME TAX
OFFICER WARDI(7)
TAMBARAM                   4,841                0                 13-11-2010

OLD INCOME TAX
OFFICER WARDI(7)
TAMBARAM                73,516                 0                 13-11-2010

 

I had paid my taxes correctly for the both the years and I do not understand why I got these after about 3 years.

When I filed my taxes, I got 3800 as return for the year 2007 and I had to pay 9500 for 2008.
COuld you please help me in understanding why this intimation might have been sent?

 

Thanks

Venkat



Learning

 14 Replies

A V Vishal (Advocate)     23 October 2011

Without a copy of the intimation for the years under review it will be not be possible to figure out where the problem lies in your issue. Consult your tax consultant.

Sanjeev (Lawyer)     23 October 2011

Does the intimation contain the basis the new demand has been arrived at Is that due to any deductions claimed by you being disallowed or any additional Income or may be due to the tax deduction claimed by you being disallowed.

chandra shekar (Engineer)     24 October 2011

 

Dear Lawyers,

I too am in the same dilemma as Venkat,  I got an email from CPC stating I had to pay tax arrears for the AY 2008 and the amount is for  82,418 Rs. They attached a PDF doc showing the statement of the ARREAR DEMAND.

 

I had paid my taxes for this AY and also have a IT SARAL Copy for this year  and dont understand why I got this after about 3 years.

One more problem i have is that - I am not in India but in the USA working for a company here and hence cant go to a tax consultant or the IT office in Hyderabad and get this chjecked. 

Can you please suggest what I can do in this regard, Is there a way I can ask my previous company or ask my father to get this recirtifed for me.. 

 

Any help in this regard is highly appreciated. 

 

Thanking you,

Chandra.

Venkat

HITESH DHOLAKIYA (LAWYER)     24 October 2011

It depends on your TDS credit or Self Assessment Tax Credit. First you should  cheque your 26 AS statement and compare with your TDS certificate  or Self-Assessment tax and if it is all right then write a letter to your assessing officer of  CPC,  where you filled your return of income of the said year (In your case 2007 and 2008)

HITESH DHOLAKIYA (LAWYER)     24 October 2011

chandra shekar (Engineer)     25 October 2011

Thanks Hitesh sir for your replies.

In my case I dont have an account in the NSDL and hence cant view my 26AS statement for these years. So I tried creating a username/account on their site and then it told me to meet the TIN-FC person to authorize my PAN and other docs after which I will have access to view the 26AS.

Since I am not in India - I am wondering how to get this done, also I tried the IT dept website - but there too i could not view my 26AS statements. I spoke to my dad in india and I have the SARAL ACKNOWLEDGEMENT copy for these years stamped by the IT dept and can my dad attach this as a proof that I submitted my taxes for these years and ask the assessing officer to look into my case. ??

What other alternatives do I have ?? I may come to India next year around Oct or so and can i then recitify this with the IT dept?? If so - do I have a chance of getting penalized.

HITESH DHOLAKIYA (LAWYER)     25 October 2011

Yes, you have lots of time to apply for rectification application. 

Now, you can create your account here to see your 26AS statement without any any application '' https://incometaxindiaefiling.gov.in/portal/login.do''

to create your account you will need your pan card  or name mentioned in pan card with date of birth same in pancard. After logging you will be able to see your 26 As statement in "MY ACCOUNT'' option. Then match the tax or TDS certificate or send me your detail.

PRASHANT (other)     31 October 2011

Hi , Thank you for your valuable information.

I have also received a arrer demand in email for 858 for year  AY 2008. That time I was in Hyderabad( 2008 ) but now I am in Bangalore. My question is :

1. Can I pay it online , throught any bank or I need to go to Hyderabad to pay it.

2. Is there any deadline I need to pay by because deadline is not mentioned in mail.

3. In my tax certificate I had no arrear so can it be mistake for income tax dept side. Should I first check with that.

Please let me know your suggestion for each of the above query.

HITESH DHOLAKIYA (LAWYER)     01 November 2011

You can pay online tax or your can apply for rectification of the intimation. All this thing mostly depends because of non matching of your TDS or Tax amount. First you should check your 26AS statement from incometax's website

https://incometaxindiaefiling.gov.in/portal/index.do then take action.

Rajiv Govil (Asstt. Vice President)     02 November 2011

Thanks Mr. Dholakiya , for your valuable clarifications. I too recd. such a demand on 19/10 for FY 2008. Check on 26AS reveals that TDS by 2 employers during that year doesn't reflect fully in 26AS. However demand is much less than total amount not reflected in 26AS. My understanding is that amount not getting reflected in 26AS should be added by interest and that should form the demand. Could this mismatch in 26AS be the reason for the demand received or there could be other reasons? . Kindly also suggest what actions I should take. Regards.

HITESH DHOLAKIYA (LAWYER)     02 November 2011

YOU SHOULD FIRST INFORM YOUR EMPLOYERS  ABOUT NON MATCHING OF YOUR TDS AMOUNT DEDUCTED BY THEM  AND TELL THEM TO FILE  REVISED RETURN OF  TDS RETURN 24 Q  FOR THE F.Y.2008.  UNLESS THEY WILL NOT  FILE REVISED RETURN OF TDS YOUR PROBLEM WILL NOT BE SOLVED. FIRST DO THIS. AFTER THIS THE TDS AMOUNT WILL BE REFLECTED IN YOUR 26 AS  AND THEN WRITE A LETTER TO YOUR ASESSING OFFICER ( OR CPC BANGALORE)  ABOUT THIS.THEY WILL RECTIFY THE ORDER AND DEMAND WILL BE NIL IT IS SIMPLE.

Arul Victor (Manager-Marketing)     06 November 2011

Dear Mr. Hitesh Dholakiya and other expert Forum members,

 

I have also received a similar intimation (Communication on Arrear Demand) from CPC, Bangalore for13,925/- for AY 2008-09, on 5th November 2011. I’ve read the posts in this forum, I’m posting here, as my case is slightly different, and I request your expert opinion on this.

 

The fact is that, I joined my employer in May 2007 as Management Trainee (on Contract Basis), so my TDS was deducted flat 10.3% from my monthly salary. Ultimately total TDS deducted was around 33k. For filling my returns, I approached a CA and filed my returns for AY 2008-09 claiming a return of 22k based on the Form 16A.

 

For all my further IT returns for AY 2009-10, 2010-11, 2011-12, I have filed and even received refunds from CPC/IT department.

 

But for AY 2008-09 particularly the TDS deducted was not fully reflecting in my Form 26AS. Only in July 2010, the entire TDS deducted for the AY 2008-09 was reflected in my Form 26AS. I checked up with my CA, for a way to claim my refund, He said, since the records have been updated recently in the Form 26AS, the only way is to wait.

 

Ever since I have been expecting a refund, but suddenly today I find this intimation to my horror, informing me that I’ve an arrear of 13.9k to be adjusted with my refund.

 

I suppose, in my case, I need to claim refund (22k) after clearing this demand (13.9k) both in Demand Register and in CPC database.

 

I sincerely request your guidance on this for me to proceed further. Thanks in Advance…

HITESH DHOLAKIYA (LAWYER)     09 November 2011

YOU SHLULD FOLLW THIS STEP.

1. WRITE  YOUR ASSESSING OFFICER OF YOUR WARD CIRCLE (NOT CPC) REGARDING NON RECEIPT OF  THE       REFUND OF A.Y. 2008-09 WITH COPY OF TDS CERTIFICATE OF THAT YEAR  AND COPY OF 26 AS. AND             TELL HIM TO ISSUE REFUND AS EARLY AS POSSIBLE. DO NOT COMMUNICATE WITH CPC REGARDING A.Y. 2008-09

Later (Software)     28 November 2011

I am in the same situation.I received the communication arrear demand letter for AY- 2008-09.

I have checked my form 26EAS statement and it does give me details on tax deposited.

However, I am not sure what TDS Certificate or Self Assessment tax means?Is it different from 26 EAS? if  no,what should i compare with Form 26 EAS?

Any help is appreciated

Thanks

 


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