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Santishkumar   18 May 2020

Income tax law expert pls answer

If income tax department calculates less interest on delayed payment of tax,can they demand it later afterwards?Commonsense denies it as there has to be limitation as to period till which demand can be raised .


 2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     19 May 2020

1. Income Tax Returns can be opened for previous Six Financial Years and any errors /demand of Tax can be raised upto Six years, without any exceptions.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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G.L.N. Prasad (Retired employee.)     19 May 2020

If the calculation of interest is by mistake, they can inform the same, demand, and collect a shortage of interest calculated up to the date of the previous date of demand.  I am afraid that they can not serve the demand notice for interest  after that date of earlier notice.   However, it may be proper to give time for payment of such interest not collected by mistake and can prescribe a due date, and if such interest is not paid they may even demand up to date interest on such interest.  However, you can ascertain the laid down rules and regulations from ITO through RTI or contact a local chartered accountant on the enforceability of such a claim.

Application dated.19th May 2020 seeking information under RTI Act

 

Before: CPIO, Income Tax Officer, Ward No.......................

RTI fee: Postal order for Rs.10/- fvg. Accounts Officer, Income Tax office payable at.......(Place)

Applicant:

Information solicited:

1. Please provide me a copy of laid down law/process for recovery of less interest demanded earlier by mistake from assessee at a later date

2. Any such limitation period for demanding interest on such tax not communicated earlier due to mistake.

3. Please provide a copy of the citation if any that states the legality of making such demands after 3 years.

 

Applicant.

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