Less refund received

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

14 September 2013 Respected Experts,

I had filed ITR-4 for AY 2012-13 with DSC & received very less amount of Refund.

Refund given to me is as per Form 26AS.

Many TDS certificate are in my hand & claimed in IT Return but not showing in 26AS.

what is the online procedure to get balance refund amount.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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15 September 2013 why dont you apply for copy of assessment order. There is a possibility of AO making some disallowance in your return which could have reduced the refund amount.

Querist : Anonymous

Querist : Anonymous (Querist)

15 September 2013 nikhil sir copy of assessment order is in my hand and there is no addition or disallowance in this case. Income and Income Tax as per Return (ITR-4) and as computed u/s 143(1) both are same.

In this case my question is how to get Tax Refund where :-

1) TDS Rs. 53910 is deducted and claimed in IT Return & Original TDS Certificates are in my hand.

2) Form No. 26AS is showing only Rs. 17920 and in Asst. order benefit of only Rs. 17920 is given to assessee.

3) Balance Amount Rs. 35990 is not showing in 26 AS. This amount is deducted by other TAN No.

4) TDS is disallowed by IT Dett. in Asst. Order u/s 143(1)

Now for this online return what is the procedure to get refund. Key point is TDS is more & 26AS is vey Less.

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Dintakurthi Tirumala

Dintakurthi Tirumala (Expert)
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15 September 2013 The department shall give the credit of taxes paid or deducted which are showing in form 26AS only. And based on the form 26AS takes taxes credit and allows refund for the balance amount after adjustment of tax payable if any.

So in your case the mistake is not on the side of the department. The mistake and problem is on the side of the deductors who deducted tds from you and didn't file or properly not filed e-TDS returns.

So first of all you have to take one action as follows.

1) First reconciliation the form 26AS with the form 16A or 16 available in your hand

2) And find out the which amount and whose amount doesn't match with from 26AS.

3) And contact to such deductor for correction or filing of e-TDS returns for such amount and concern querter(s).

After getting rectification and updation in form 26AS file a rectification return for the reason of tax credit mismatch and re-process.

After completion of above whole process then only you receive your balance of TDS refund otherwise you have to loose such amount.

So first you have to take action on your deductors but not with the department.

OM SAI SRI SAI JAI JAI SAI

Nikhil Kaushik

Nikhil Kaushik (Expert)
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15 September 2013 It is possible then that the deductor may not have filed his tds returns properly. Why don't you approach the deductors to check the status of their tds returns.

Un the meanwhile you may also approach your jurisdictional AO with the copies of the tds certificates.

However, no one can help you if deductor's returns are wrong.

Please remember ito repeatedly request assessees to check 26as before filing tax returns

Querist : Anonymous

Querist : Anonymous (Querist)

15 September 2013 Sir Deductors are Local Authorities and Govt./Semi Govt. Dept. & they are not filing their TDS return. Only they pay taxes by challan and after quoting challan no. etc. they issue manual or excel printed form 16A.

Assessee is reuesting to them that plz file TDS return but they are not filing TDS return .

Dintakurthi Tirumala

Dintakurthi Tirumala (Expert)
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16 September 2013 Then with the enclosure of copies of form 16A issued by such deductors write a complaint letter to the Commissioner of TDS of your circle or area for the facts non-filing of TDS returns by the deductor eventhough you requested etc... Also enclose the form 26AS copy also.

Then Commissioner of TDS shall issue a notice to such deductors for filling of e-TDS returns immediately with the show cause notice for non filing till now.

In you letter you should be indicate the details of TAN and address of the deductors.

OM SAI SRI SAI JAI JAI SAI

Querist : Anonymous

Querist : Anonymous (Querist)

16 September 2013 ok, thanks sir
OM SAI RAM

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