LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Error in reporting Assessment Year while paying Income Tax

(Querist) 19 December 2010 This query is : Resolved 
Dear Sirs,

On 13.12.2010 I had paid Rs. 75000.00 towards income Tax through my bankers. Said tax was duly remitted by my bank to the Income Tax authorities / NSDL.It had been clearly mentioned by me in the challan that the tax pertained to the assessment year 2011-12 But two major errors occurred in the process.
In the first place, instead of mentioning the payment as an ADVANCE TAX in the challan, it was through oversight mentioned by me that it represented SELF ASSESSMENT TAX. This was a mistake on my part.
However, in the second place, my bank had mentioned in the challan and other payment documents that the tax pertained to the assessment year 2010-11. Since my full tax for the assessment year 2010-11 (F.E. 2009-10)had already been paid earlier within the stipulated time and I had already filed my tax return also within time (i.e. 31.07.2010), the question of the tax being pertainining to the assessment year 2010-11 (F.E. 2009-10)did not arise.
Upon taking up with my bankers for this error, I was informed by them that the online system was not accepting the details that the tax pertained to the assessment year 2011-12 and hence they had entered the same as pertaining to the assessment year 2010-11
My question is what now I am suppossed to do to get this error rectified in the records of the IT authorities? I have already written to the ITO of my ward to treat this payment as advance tax for the A.Y.2011-12 and to ignore what had been wrongly mentioned by my bank while making the payment. But I am not sure how they will respond.
Further, can any complaint to the Higher authorities of my bank help as, in case their online system was not accepting the A.Y. as 2011-12, they should have got back to me over phone or letter to clarify the matter, when I would have got the opportunity to get the matter rectified before remitting the actual payment? In what manner can this help me?

PLEASE guide me on all the above issues.

PROBIR KUMAR DHAR
AL 69 SALT LAKE,SECTOR II
KOLKATA 700091
Raj Kumar Makkad (Expert) 19 December 2010
You should also file a correct statement to the IT authorities and reference of the advance payment should be made as done earlier. You should post the copies of both the returns by registered post to the higher officers of IT as well as bank and should request them to reconcile both the returns. I think you shall not suffer any problem in future as efforts in this direction have already been made by you.
A V Vishal (Expert) 19 December 2010
Mr Dhar,

There was error on both the part of your banker and you. Firstly having opted it as self assessment tax instead of Advance Tax the system is BOUND NOT TO ACCEPT SELF ASST TAX FOR THE ASST YEAR 2011-12, WHICH HAPPENED IN YOUR CASE AND THE BANK STAFF IN OVER ZEALOUS MANNER WITHOUT KNOWING THE IMPLICATIONS REMITTED THE AMOUNT AS SELF ASST TAX FOR 2010-11, WHICH THE SYSTEM ACCEPTED.

However, you can expect a refund if the assessment for A Y 2010-11 is not completed.
Sathyan A.R. (Expert) 19 December 2010
as a result of the mistake you stand to get the refund for assessment year 2010.11. The assesssing officer has no acccess to change the year of payment. The matter has to solved by only NSDL. Do long the corretion is not made in the NSDL data the system of the department AST will show your payment for A.Y.2010.11 and to that extent you will be regarded as defulter for advance tadx in the A.Y.2011.12 unless you once again pay the amount.

You may approach the NSDL or the Commissioner of Incometax, since many such cases are being discussed in their meeting.
soumitra basu (Expert) 20 December 2010
In my opinion you should write this problem to Central Board of Direct Taxes. I think you shall get the correct redressal.
Probir Kumar Dhar (Querist) 20 December 2010
Dear Sirs,
I am grateful to all who have favoured me with their esteemed opinions. Now, the question that is left is whether I have to file a revised Income Tax Return for the Assessment Year 2010-11 where the tax in question is to be clearly specified and refund claimed. I may state that my regular return for the A.Y.2010-11 was already filed within the stipulated date i.e. July 31 2010, which was much earlier to the above erronous payment.What would be my chances of obtaining the refund quickly?
In case I have to approach the Central Board of Direct Taxes or the Commissioner of Income Tax, what would be their respective addresses?
Please favour me with an early reply.
H.M.Patnaik (Expert) 20 December 2010
Answer given by Mr. Vishal is perfectly in order.
H.M.Patnaik (Expert) 21 December 2010
AS reg. your supplementary query, considering the addl.facts stated now, if your original returnfor A.Y.2010-11is pending for disposal by the authority, you can now file a Revised Return for said year
including the Self-assessment tax deposited later and claiming a refund of excess tax paid.
Probir Kumar Dhar (Querist) 22 December 2010
Dear Sir,
With reference to the various opinions given by the learned members of Lawyers Club (including Shri H.M.Patnaik) in the above matter, I may now inform that as per intimation u/s 143(1) received by me today from the Income Tax department,the assessment of my income tax return filed by me for the assessment year 2010-11 stands completed. Thus, it appears that I have lost the recourse to file a revised return including this amount of Rs.75000.00, which my bank had wrongly remitted by showing this as pertaining to the assessment year 2010-11 instead of 2011-12 as I had mandated in the concerned challan.
Under the circumstances, please guide me as to how to recover this amount. Can this amount be included in the total tax paid by me / to be paid by me for the current Financial Year 2010-11 i.e. assessment Year 2011-12?
I would be most grateful for the guidances imparted to me on this score.

Thanking you once again.

Probir Kumar Dhar


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :





Post a Suggestion for LCI Team
Post a Legal Query