Disagree with a tax demand on 2009-10 - What are my options?
A.Y. 2009-10: On that financial year, my return was selected for scrutiny because my Form 26 AS showed a lot of credits (couple of lakhs of rupees) under my PAN number. I was called in IT Office and income tax officer Mr XXX interviewed me. Finally, he realized that this was a false alarm and the credits that were showing up in my Form 26 AS actually belonged to somebody else's PAN. They showed up in my Form 26 AS because HSBC wrongly reported those credits to IT department under my PAN. So, that closed/clarified the prime concern of that scrutiny. But, IT Officer Mr. XXX found some more things that were not considered in my original return and he did re-calculations of my taxes and he found that I should have a refund instead of the demand. Based on that he generated an Assessment Order, he took my bank account details also for the refund, but nothing has moved from there.
I didn't receive any refund on my bank account.
At the same time, incometaxindiaefiling.gov.in still shows that I have a outstanding demand on that year, rather than a refund.
Meanwhile, I relocated away from India, so I am not able to personally follow up on this.
I understand I am probably too late in acting on this issue. Still wanted to check, what are options now for closing this? Can I file a rectification return in this case? How else, do I communicate to the IT department that I should have a refund here, rather than a demand.
Regards
Das
Asked 7 years ago in Income Tax
Thanks folks,
I do have a copy of the assessment order he generated with me, which talks about the reason for the tax scrutiny, the HSBC mess, the reason for the changes in computation and shows the final computation which concludes with a refund. It also does have a sign and seal of the ITO Officer, while the sign is very clear, the seal isn't very clear (its presence is clear but not the text).
However, it doesn't refer to any CPC communication reference number anywhere as some of you seem to be looking for. It clearly mentions that the assessment was done u/s 143(3) and the date of the assessment order is 30/11/2011, whereas the date of the demand is also 30/11/2011. Form26 AS doesn't show those HSBC false entries any more, so that stuff is closed.
>> you can write to AO giving reference to your earlier communication and attaching the AO's order
How? Online? Responding to an outstanding demand doesn't allow me to attach any document, it just allows me to write a few sentences. I also tried dropping a hand written application in the ITO office, with all these details in 2013, but nothing moved, nobody responded.
As for the online response of the outstanding demand, I have already responded (a year ago) saying that I should have a refund based on the AO generated by the assessing officer, but how do I close it? The demand is still showing up and potential tax interest penalty is piling up, if I have to eventually pay up the demand, in the worst case.
>> showing your demand is cancelled and refund is due.
The assessment order doesn't talk about demand, it just concludes the computation with a refund.
>> we need to submit the response to the outstanding demand generated online along with the copy of letter to concern ward officer
How do you attach a document (the assessment order) while responding to an outstanding demand online?
BTW, the demand and the refund amounts are different. And the demand was generated under section code: 1433
Arijit
Asked 7 years ago
