27 December 2011
Whether CPC overruled the provisions of the Income Tax Act. if not, how to handled the intimation by CPC for arrears demand for F.Y.2007-08
28 December 2011
CPC has started processing E-returns only from AY09-10 onwards. In case of CPC processed returns after AY09-10 past demand is easily accountable and can be set off against any future returns should they occur. In case of demands prior to this assessment year, all past demands are uploaded into a portal by AO across the country. CPC will not be able to assess the veracity of these claims in any manner. In order to prevent future problems CPC has only sent an intimation stating that an arrear demand has been uploaded by the concerned AO. This is not a demand note in any manner.
It is possible that there could be errors in this data uploaded by the AO. The assessee will need to approach the AO with the necessary records and make sure mistakes if any are rectified. Unfortunately since these returns are not processed by CPC, CPC will not be able to make any corrections.