Upgrad LLM

fake it notice?

Software engineer

Hi,

I have received a Show cause notice from the Income tax department asking me to pay Income tax for a previous year. This is 2012 (when I am typing this) and the notice says it is for 2008-09. The reason I think it is fake is as below:

1. It does not have my PAN number mentioned in it

2. The amount mentioned is more (about 40% more) than what my Form 16 for that year says

3. I have filed the returns for that year, I have the receipt with me.

4. I am salaried and I have always been salaried. So in my knowledge I do not have to pay the taxes to the government, my company has to. ANd if they haven't, the others in the company must have also received the same notice - which is again not the case.

5. The notice is from Faridabad, Haryana and I stay in Noida. I have never worked in Faridabad and have only stayed there for 6 months in 2009, which seems to be no reason for the Ward officer there to summon me. 

I could be completely off here. I am only using my logic and have no idea what the law actually says about this. I do not know if I should go to Faridabad and check the validity of this summon. Should I? What should I do next?

 

Thanks,

An Engineer (with no knowledge of the law)

 
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Director

The reasons given by you may not be valid to treat the notice as fake.

 

There may be a demand against you simply for reason of non payment of TDS by your employer or some mistakes in computation of tax liability by you or the Tax Department.

 

Check from the acknowledgement of Return for Assessment YEar 2008-09 (Financial YEar 2007-08) or your PAN details reagarding your address in IT records. Might be possible you filed your return in Faridabad Office while you were staying there.

 

In any case you can write to the concerned office demanding the copy of relevant order which has raised tax demand on you and then apply for suitable rectification.

 
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