Please Help: Rectification against Intimation received u/s 143(1)
Posted Date : 03-Mar-2014 , 12:29:38 am | Posted By Nikit Ajit Shah
• The Assessee has filed physical return for AY 2008-09 on 29-Mar-2010 with Total Income of Rs. 77,420 claiming a refund of TDS of Rs. 43,863. • The ITO has issued an intimation u/s 143(1) dated 07-Mar-2011 with assessed income of Rs. 77,415. However, he has levied interest u/s 234B of Rs 47,380 and therefore has calculated the net amount payable as Rs. 3,517. • My major worry is that we have received the physical copy of the intimation u/s 143(1) hand delivered at our address without an envelope on 25-Feb-2014. Whereas the backpage of the intimation states that we need to file rectification application within 30 days. • The minimum exemption limit for YA 2008-09 was Rs. 1,45,000. Hence, the AO has wrongly levied interest u/s 234B since there is no tax liability at all. • All the IT returns from AY 2009-10 and onwards have been e-filed. The AO has adjusted this tax demand against the refund payable for AY 09-10 & AY 10-11. • My questions are as under: 1. In my view, the AO has wrongly levied the tax . How should I proceed to recover my TDS of Rs. 43,863 alongwith interest for all these years since the AO has made a gross mistake in assessment and has wrongly levied the tax? 2. I do not have any proof of date of communication of the letter since it was hand delivered without an envelope (usually IT dept sends via post in an envelope). How can I prove the date of receipt of intimation? 3. Would my application for rectification be time-barred? Please help and prove a suitable format for letter to be submitted to the AO for claiming the refund. Thanks in advance.
Category : Income Tax | Answers : 0 | Comments : 2 | Hits : 813


Comments
vishal Gupta
04-Mar-2014 , 10:21:17 amAs per section 154 (1) (b) Intimation u/s 143(1) can be rectified and u/s 154 (7). There is time period of four years from the end of financial year in which order sought to be amended was passed. In given case there is time available with assessee and move application u/s 154/155.
Ankit Bajaj
04-Mar-2014 , 12:08:20 pmMistake is in calculation made by Assessing Officer. Such is a mistake apparent from record. Thus against this error of 143(1) an application can be moved u/s 154 to assessing officer for rectification(as per recent amendment from finance act).