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Rajesh Thakker (Advocate)     14 June 2010

Interest paid on Self Occupied Propert disallowed by CPC

Centeral Processing Unit Banglore has started to process return u/s 143(1) of the Income-tax Act, 1961. An intimation also served to assessee for asst.year 2008-09 and 2009-10.

It is found from the intimations received that interest paid in the case of self occupied house property is not dedcuted from the gross income.

Is it Justify ?



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 8 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     14 June 2010

no it cannot be as a procedure describes it should be then it is not justified at all.

A V Vishal (Advocate)     14 June 2010

You have not mentioned the dates on which the intimation was received by you. You can apply for rectification under section 154 of the Income Tax Act, 1961 within the prescribed time limit with the ITO under whose jurisdiction you are assessed to.

Vineet (Director)     16 June 2010

CPC cannot make such adjustment u/s 143(1) and you should apply fo rectification of order.

M.V.GIRI (ADVOCATE & TAX CONSULTANT)     16 June 2010

I agree with mr. Vishalji. In my opinion CPC cannot be done like this. If only clerical error to be rectified.

pratik (self working)     08 July 2010

Rajesh Thakker Ji

As per your query cpc is will never ever help u in this kind of matter . As suggest by Vishaj Ji u should file an application Under Section 154 of the Income Tax Act, 1961. The sections says that the application filed by the assessee have to be ratified by the i.t.o. with six months for the date of the application but if the assessee takes more than the prescreibed time that is 6 months as per the income tax act, 1961 than it is allowed. Also while filing the application pls be clear in the application the mistake done by the new process & the ratification u want along with the interest paid entries mentioned under the books of accounts (the photocopy) of the entries of the interest paid & also prove that u are eligible for the deduction as per the above mentioned act remember u will be eligible only Rs.1,50,000 deduction for your any income.

PRATIK

Ganesh (Sr Business Analyst)     20 July 2010

I have also received a similar notice yesterday. Can someone tell me how I need to seek the rectification under 154 with CPC . Any specific application form etc.  I have been asked to pay the amount due within a month. If I am asking for rectification whether I can delay that ?

Appreciate your response

Ganesh

M.V.GIRI (ADVOCATE & TAX CONSULTANT)     20 July 2010

Mr, Ganesh,

You have to file an application of rectification u/s 154 of the IT Act to the jurisdictional ITO. Or else you may prefer an appeal before the CIT (Appeals).

AMIT BAJAJ ADVOCATE (ADVOCATE)     20 July 2010

yes agreed, apply for ractification u/s 154. Can also file appeal but it may take a long time.


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