Upgrad LLM

Income tax


14 August 2012

Dear experts,

My ITax refund for AY 2007-08 has been long pending. After years of follow up this is now not paid to me but being adjusted against a newly found short payment of surcharge in AY 2001-02!!

I only have income from salary. In that year my Saral return was exactly as per the calculation shown on Form 16. The error if any was committed by my past employer.

1) They tell me that in that year surcharge was 2% for income under Rs150,000 and 17% for income over Rs150,000. My form 16 has calculated surcharge at 2% only. (So if this an error it should have affected hundreds of employees not just me)

2) The IT Dept is now charging interest u/s 234B and 234C on the unpaid surcharge and has set off the refund due in 2007-08 against this demand. Even after this there is an unpaid amount. So far demand notice has not been given to me.

3)Sec 143 notice not issued for 2001-02 yet but issued for subsequent year 2002-03 along with refund for that 02-03, many years ago. Also one more Sec 143 has been received for another year and some refunds for subsequent years were also given to me after follow-up.

4) So can IT still go back and recover tax and interest for 01-02 now?

5) All this time they told me that the return was not processed but now they say the date of processing is 2009. Even their system shows this date now which I have myself seen was not showing earlier in 2010. How is this possible?

Please tell me if
a) the adjustment / set off against demand IT has made is time barred ?
b) should this not be recovered from employer who is liable to deduct TDS?
c) why is this being brought up now and I have to pay interest for the past so many years?
d) What is my remedy?

Thank you in advance.

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