Demand under section 143(1)

This query is : Resolved

Narendra Gupta (Querist)
Follow

04 January 2014 For AY 2012-13, I have received an intimation U/S 143(1) with a demand amount of Rs 8136.
In my Income Tax return I declared total Income after deduction as 598973 including the capital gain of 36900 (from Short Term Share Market thru NSE).
Total tax deposited was 53349 and I requested a refund of Rs. 1128.
But the intimation shows the capital gain as 73800 (just double) under the column
As computed Under section 143(1). I had calculated 15% tax on capital gain.
Please inform whether I was wrong and the demand is OK ? If no please suggest remedy.

CA Sanjeev Kumar

CA Sanjeev Kumar (Expert)
Follow

04 January 2014 send the intimation & ITR form at ca_sanjeevkumar@yahoo.co.uk

After that, I can advise...

MEHUL SHAH

MEHUL SHAH (Expert)
Follow

05 January 2014 There are only two remedies available under the law
1) First you can file an online Rectification u/s 154 asking to reprocess the return again.

2) File an appeal to CIT(A) in Form 35.

Recently I had 3-4 cases wherein it was a technical error from Govt side due to which in one of my client case, STCG of Rs. 1,00,500/- was doubled to Rs. 2,01,000/- . We filed an appeal to the CIT(A) and won the case.

If you wish , mail me your email id and intimation and I shall send you a submission in this regard. My email id is mehul@raseshca.com

However, it is better to consult your regular CA in case you have one as the rights in the Act are time bound ie you need to file an appeal before 30 days from days of receipt of notice.

Upgrade to CAclubindia Pro. Subscribe Now!

CA Sanjeev Kumar

CA Sanjeev Kumar (Expert)
Follow

06 January 2014 Hello Mr. Mehul,

In the Mr. Narendra's case, he had entered the STCG twice so there is no fault from deptt side.

Perhaps, he is in touch with me for the remedy.

Thanks for your update...

Message likes : 1 times