Ego of it officers

This query is : Resolved

Manoj Deka (Querist)
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21 December 2012 Dear Sirs,
I field a RTI application to IT department in the month of March 2012 asking about my refund for AY 10 - 11. after the RTI application I received my refund quickly but thereafter the IT officer send me a notice U/s 148 of the IT Act. on 7/5/12 stating that ..." escaped assessment within the meaning of section 147 of the IT Act. 1961".... Actual fact is my turnover was 16,00,000.00 for the FY 2008 - 09 in contract business but due to non receipt of the TDS certificate from one department for Rs. 10000.00 for a contract work for Rs. 5,00,000.00 I submitted IT return for Rs, 11,00,000.00. instead of 16,00,000.00 Lakh the IT officer tallied with 26AS form and sent me the notice U/S 148 of IT Act 1961 on 07/05/12. I faced the officer and very politely explained the reason than after on 22/05/12 Assistant Commissioner of Income Tax sent me one letter to furnish (1) Balance Sheet & profit and lost account as on 31/03/2009 (2) Bank statement for the FY 2008 - 09 Copy of work order for FY 2008 - 09, and to explain as to why difference of Rs. 5 lakh should not be added to the total income, and penalty u/s 271(1) (c) be imposed. I told the officer that the Rs. 5 lakh was made expenditure in contract business since I have not receive the TDS Certificate till date and without certificate how I can claim refund so I did not claim. Regarding balance sheet I told that I am a very very small contractor I am not in the position to pay CA and my turnover is much more less than to maintain a book of accounts, Bank statement I applied but record are not available in the bank too, copy of work order I submitted on 24/05/2012. NOW again I have receive a notice on 17/12/12 stating to appear before the Asst. Commissioner on 21/12/12 but on 18/12/12 I informed in written that I shall not be able to come on that day so I requested to fix another date now they again today sent a letter to appear on 26/12/12 along with a notice U/s 142(1) of the IT Act. and told me to submit Details of Gross Contract Receipt in the following format (1) Name & address of the parties: Their TAN: Gross Amount deduction made if any , net payment made, date of credit of payment in the bank account & Name & A/c no. of the relevant bank where cheque deposited (2) to submit details of all the bank accounts maintained during the period under scrutiny and as on date. please also submit monthly break-up of deposits and withdrawals during the year under scrutiny.

(3) Please reconcile your receipts/income with the form No. 26AS. A copy of form No. 26AS is enclosed,

BUT no 26AS form was enclosed along with the notice

Please guide, what should I do in this connection.

CA. Brijesh Baranwal

CA. Brijesh Baranwal (Expert)
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24 December 2012 Dear Manoj ji,

1. You need to prepare the complete set of documents and submit to the Income Tax Officer,
2. In case any income has escaped, you need to pay the tax on it with interest and you may also request income tax officer to waive off the penalties, if any,

For further information, you may contact at;
Email: cabrijesh@yahoo.co.in
Mobile-9312412020