• Notice u/s 143(1)

I hve received notice u/s 143(1) when i claimed refund for AY 18-19 for AY 09-10.Return filed for AY 09-10 in time,While filing O return Ch VI a deduction was missed due to computer working however FORM 16 indicates same.Tax demand was due to Ch VI A missing amount.No details of demand were given except the Amount.On perusal I hve received Tax calculation sheet given.
I wanted to correct the O return by adding Ch VI A deduction.i hve FORM 16.This is no new evidence and tax calculated with ch VI a ded gives tax demand NIL.But assessing officer not accepting revised return now.Advise
Asked 5 years ago in Income Tax

First of all tell me the date when you received the notice u/s 143(1) for A.Y. 2009-10?

Because an assessing officer can open a case for assessment maximum upto 6 years from the end of assessment year and 6 years from the end of assessment year 2009-2010 ended way back so if you have received any notice in the current year for A.Y. 2009-10 then just reply that this notice is time barred.

You can even take a consultancy session if you want any specific clarification.

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you

Naman Maloo
CA, Jaipur
4272 Answers
97 Consultations

5.0 on 5.0

Sorry but I am unable to understand your question.

What is O return and whether you are talking about AY 2018-19 or 2009-10.

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

That's okay that you have objected the thing in 2011 but my query is that they should have added it to your income there and then because they won't take so long to finalize an order so I need to know whether you have received any assessment order or not. Because if this is a fresh notice you have received in 2018 then it is time barred and we need to object that first we can't simply reply everything.

And if you want to reply this notice normally then just provide them the evidence of deduction claimed u/s Chapter VI A because form 16 is only considered as an evidence of the deductions which are incurred directly by company for eg: EPF, insurance etc and if you have claimed any other deduction then you need to give it's evidence and along with that provide them with a revised computation sheet which shows proper calculation of tax.

Because in case of deduction under chapter VI if you have forget to claim them in your return of income you can claim them even at the time of assessment, so he can't refuse to accept the evidence of deduction under chapter VI A.

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you

Naman Maloo
CA, Jaipur
4272 Answers
97 Consultations

5.0 on 5.0

Which assessment year does this pertain to? Not able to understand if it is 09-10 or 18-19

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

4.8 on 5.0

If it is pertaining to 2009-10, it is time barred and you should object to the same. I guess you have already objected in 2011 so have they issued aby fresh notice now?

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

4.8 on 5.0

Hi,

Is it related to 09-10 or 18-19?

Payal Chhajed
CA, Mumbai
5188 Answers
288 Consultations

5.0 on 5.0

If it is related to 09-10, it is time barred and you should object to the same.

Payal Chhajed
CA, Mumbai
5188 Answers
288 Consultations

5.0 on 5.0

Hi,

Sorry but your queries are not clear.

Karishma Chhajer
CA, Jodhpur
2450 Answers
29 Consultations

5.0 on 5.0

Hi

we can help you better if you share the notice copy with date of receipt and your response date and proceedings date

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

5.0 on 5.0

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