Dear Sirs

I was working for the company in Rajkot from Jan 2006 to Jully 2011.During the first year company paid my did not deduct TDS from My Salary,but they paid it to IT dept on my name, and when my return for Assessment year 8-9(financial year 7-8) was paid to me by cheque by IT Dept,the amount was debited to my account by company.I don’t object to this.

But from financial year 8-9 i.e.assessment year 9-10,company started deducting TDS from my salary.I filed my returns from the same tax consultant of the company who was looking after the tax matters of the directors of the company as well.

For  Assement  year 9-10 I received my IT refund,But in the same year I received notice from IT Dept, to pay Rs.35210/ as fine, (in the attached statement they did not consider my investments Under Chapter VI-A and TDS).

I gave this notice to the same tax consultant,who filed my return.He said my TDS has gone in Wrong PAN A/c,hence I received this notice. And he will take care  of it.

For the financial year 10-11,again I filed my returns with the same tax consultant, and I was expecting my I.T.refund of A.Y 9-10 & 10-11,but again I received notice from I.T.dept demanding Rs.38870/ as arreas as they didn’t consider my due investments Under Chapter VI-A and TDS.

My consultant told me there are 1000 of notices of this kind by Rajkot IT dept as they had hired Data Entry Operators who committed this mistakes.

So long I was with the company I had /n have fullfaith that every will be set right.

Now I left this company in jully 2011, and while checking  my TDS Form 26AS for the above year I got following details

For Assessment year 8-9(financial year 7-8),for 26AS , in Part A- TDS Deductors is showing only for 6 months with TDS Booking column October 2007 for 3 Months and January 2008 for rest 3 months and not for full 12 months.

For Assessment year 9-10(financial year 8-9), for 26AS , in Part A- TDS Deductors- is showing only for 8 months with TDS Booking column giving date 15/06/2011 for 8 Months ,and balance paid (in Part C of 26AS) on 12/1/2012

For Assessment year 10-11 (financial year 9-10), for 26AS , in Part A- TDS Deductors- is showing  for all 12  months with TDS Booking column giving date 15/06/2011 .

Aslo 26AS in its part B-details of paid refunds show A.Y 7-8 is paid by Paper on 7/7/2009 nad for A.y 2008-9 as paid by paper on 21/12/2009

My refund for the Assessment year 2009-10, for which I was served notice by IT Dept in that year , was shown as  by IT dept as “Adjusted against outstanding demand. (CIN-BSR code 0004329 Challan deposit date - 12012012 Challan Sequence no - 33446) on Jan 13, 2012 by ECS.

And my refund status for 10-11,11-12, shows Your assessing officer has not sent this refund to Refund Banker.

I am trying to contact my consultant who dealt with this issue is now not responding

Pls advice  me what course of action available to  me, and can I claim this amount & from whome

Approach an experienced and competent Income Tax lawyer with all record. Your lawyer shall do the needful. You may deliberate on involving your company and Tax Consultant with your lawyer. Your lawyer shalll help you to settle the mess.

Follow the advise of Mr.Kumar. You need the services of a good lawyer praticing in that area.

First of all collect all the original Form-16 for the disputed years.

Rectification petition u/s 154 have to filed with original documents against those default assessment orders.

May file application under RTI Act to ask IT Dept. for Clarification on unnecessary delay in refund.

A.Y.10-11 and A.Y.11-12 may under the process of assessment.

Excess of aggregate tax deduct from your Income certainly refunded to you by the IT dept.

Follow the advice of Mr.Kumar & Mr.Nair and contact with Professinal Lawyer for guidence.