Tds not mentioned while filing returns
This query is : Resolved
02 August 2013
Hello sir, whiling filing returns for AY 2010-11, I had not mentioned TDS. I am salaried employee and had paid all the taxes for that year and same is reflected in Form 16 & 26AS. IT department have sent me a notice asking me to pay taxes for that year. What should I do to get this corrected?
02 August 2013
You have to send rectification request.
.
It can be send by mentioning the ref. no of an intimation of the AY in question. If you do not have , apply for the same from e-filing web-site.
.
.
It can be send by mentioning the ref. no of an intimation of the AY in question. If you do not have , apply for the same from e-filing web-site.
.
02 August 2013
now as per sec 139(5) you cannot file revised return as the last date was 31.3.2012.
only CBDT u/s 119 (2) (b) can only grant you the refund of tds by making an application to them.
only CBDT u/s 119 (2) (b) can only grant you the refund of tds by making an application to them.
02 August 2013
Thanks for the reply.
I had filed for the rectification request, got the below reply.
THE ASSESSEE HAS SUBMITTED AN E-FILED RECTIFICATION REQUEST, TICKING THE CATEGORY - “TAX CREDIT MISMATCH” BOX, UNDER THE CATEGORY - “NO
FURTHER DATA CORRECTION REQUIRED, REPROCESS THE CASE”. AS SEEN FROM THE INTIMATION U/S.143(1), CREDIT FOR TOTAL TAX PAID, AS CLAIMED IN
THE E-FILED RETURN OF INCOME, HAS BEEN FULLY ALLOWED. FRESH CLAIM FOR ADDITIONAL TDS IS NOT ALLOWABLE. U/S.154, AS THE SAME IS NOT A MISTAKE
APPARENT FROM RECORD. ANY SUCH CLAIMS CAN BE MADE ONLY UNDER THE PROVISIONS OF SEC.139(5), OF THE INCOME TAX ACT. IF THE REQUEST IS FOR
GIVING CREDIT FOR DEMAND PAID, IT IS BROUGHT TO YOUR NOTICE THAT, CREDIT IS GIVEN AUTOMATICALLYAND THE DEMAND IS ROUNDED OFF. THERE IS
NO REQUIREMENT FOR FILING A RECTIFICATION APPLICATION. IF THE REQUEST IS FOR CANCELLATION OF THE ADJUSTMENT OF DEMAND, OF EARLIER
YEAR(S). THE ADJUSTMENT OF THE EARLIER YEAR(S) DEMAND, IS CORRECT, SINCE THE DEMAND HAS BEEN CORRECTLY COMPUTED IN “CPC” AND THE
SAME HAS ALREADY BEEN INTIMATED TO THE ASSESSEE. IN CASE THE ASSESSEE CONSIDERS THE DEMAND RAISED FOR EARLIER YEAR(S) IS INCORRECT,
THE ASSESSEE IS REQUIRED TO FILE AN ONLINE RECTIFICATION REQUEST, FOR THAT YEAR(S). AS REGARDS THE DEMAND UPLOADED BY THE ASSESSING
OFFICER, THE SAME HAS ALSO BEEN CORRECTLY ADJUSTED, SINCE THE JURISDICTIONAL ASSESSING OFFICER HAS UPLOADED THE SAID DEMAND FOR THAT
YEAR(S). THE ASSESSEE IS REQUESTED TO CONTACT THE JURISDICTIONAL ASSESSING OFFICER, IF THAT YEAR(S) DEMAND IS INCORRECT AND GET THE
SAME RECTIFIED BY THE JURISDICTIONAL ASSESSING OFFICER. THE DETAILS OF THE JURISDICTIONAL ASSESSING OFFICER ARE AVAILABLE IN THE “SERVICES”
SECTION, ON THE WEBSITE http://www.incometaxindiaefiling.gov.in . IN VIEW OF THE ABOVE, THIS RECTIFICATION APPLICATION IS REJECTED.
I had filed for the rectification request, got the below reply.
THE ASSESSEE HAS SUBMITTED AN E-FILED RECTIFICATION REQUEST, TICKING THE CATEGORY - “TAX CREDIT MISMATCH” BOX, UNDER THE CATEGORY - “NO
FURTHER DATA CORRECTION REQUIRED, REPROCESS THE CASE”. AS SEEN FROM THE INTIMATION U/S.143(1), CREDIT FOR TOTAL TAX PAID, AS CLAIMED IN
THE E-FILED RETURN OF INCOME, HAS BEEN FULLY ALLOWED. FRESH CLAIM FOR ADDITIONAL TDS IS NOT ALLOWABLE. U/S.154, AS THE SAME IS NOT A MISTAKE
APPARENT FROM RECORD. ANY SUCH CLAIMS CAN BE MADE ONLY UNDER THE PROVISIONS OF SEC.139(5), OF THE INCOME TAX ACT. IF THE REQUEST IS FOR
GIVING CREDIT FOR DEMAND PAID, IT IS BROUGHT TO YOUR NOTICE THAT, CREDIT IS GIVEN AUTOMATICALLYAND THE DEMAND IS ROUNDED OFF. THERE IS
NO REQUIREMENT FOR FILING A RECTIFICATION APPLICATION. IF THE REQUEST IS FOR CANCELLATION OF THE ADJUSTMENT OF DEMAND, OF EARLIER
YEAR(S). THE ADJUSTMENT OF THE EARLIER YEAR(S) DEMAND, IS CORRECT, SINCE THE DEMAND HAS BEEN CORRECTLY COMPUTED IN “CPC” AND THE
SAME HAS ALREADY BEEN INTIMATED TO THE ASSESSEE. IN CASE THE ASSESSEE CONSIDERS THE DEMAND RAISED FOR EARLIER YEAR(S) IS INCORRECT,
THE ASSESSEE IS REQUIRED TO FILE AN ONLINE RECTIFICATION REQUEST, FOR THAT YEAR(S). AS REGARDS THE DEMAND UPLOADED BY THE ASSESSING
OFFICER, THE SAME HAS ALSO BEEN CORRECTLY ADJUSTED, SINCE THE JURISDICTIONAL ASSESSING OFFICER HAS UPLOADED THE SAID DEMAND FOR THAT
YEAR(S). THE ASSESSEE IS REQUESTED TO CONTACT THE JURISDICTIONAL ASSESSING OFFICER, IF THAT YEAR(S) DEMAND IS INCORRECT AND GET THE
SAME RECTIFIED BY THE JURISDICTIONAL ASSESSING OFFICER. THE DETAILS OF THE JURISDICTIONAL ASSESSING OFFICER ARE AVAILABLE IN THE “SERVICES”
SECTION, ON THE WEBSITE http://www.incometaxindiaefiling.gov.in . IN VIEW OF THE ABOVE, THIS RECTIFICATION APPLICATION IS REJECTED.
02 August 2013
No no once you clicked on tds credit mismatch
you need to give details of TDS now and file rectification request..it will works
as you have not provided any tds details how can you do rectification saying"no further date correction required"
so do file rectification request again providing details of TDS in rectificaion 100% it will works,
you supposed to enter TAN OF DEDUCTOR,NAME OF DEDUCTOR,AMOUNT CHARGEABLE TO SALARIES AND TAAX AMOUNT IN RECTIFICATION REQUEST..
if it does not work provide your form 16 and form 26as along with a letter asking give tds credit to you and adjust the demand--you will definetely gets releif from this isse
cbdt just 10 days back release a explanation in the same way regarding these type of tds credit mismatch,,just need to provide form16,letter will be enough..
better you can go as i said through online
Thanks & regards
Ganesh babu k
you need to give details of TDS now and file rectification request..it will works
as you have not provided any tds details how can you do rectification saying"no further date correction required"
so do file rectification request again providing details of TDS in rectificaion 100% it will works,
you supposed to enter TAN OF DEDUCTOR,NAME OF DEDUCTOR,AMOUNT CHARGEABLE TO SALARIES AND TAAX AMOUNT IN RECTIFICATION REQUEST..
if it does not work provide your form 16 and form 26as along with a letter asking give tds credit to you and adjust the demand--you will definetely gets releif from this isse
cbdt just 10 days back release a explanation in the same way regarding these type of tds credit mismatch,,just need to provide form16,letter will be enough..
better you can go as i said through online
Thanks & regards
Ganesh babu k
02 August 2013
Thanks for the reply Ganesh.
I had done the same in my first rectification request, had given all the details you mentioned but demand was determined. I called up CPC cask center and was asked to request again. I did so but the request was rejected with the above reasons. What should I be doing now? Please advice.
I had done the same in my first rectification request, had given all the details you mentioned but demand was determined. I called up CPC cask center and was asked to request again. I did so but the request was rejected with the above reasons. What should I be doing now? Please advice.
02 August 2013
To whom and where I need to submit the letter and forms?
02 August 2013
To assessing officer
refer below link for draft letter format
http://www.simpletaxindia.net/2012/04/demand-notice-mis-matching-of-tds-in.html
Refer below for cbdt latest instructions regarding tds mismatch
http://www.irsofficersonline.gov.in/Documents/OfficalCommunique/17112013105228.PDF
Thanks & regards
Ganeshbabu k
refer below link for draft letter format
http://www.simpletaxindia.net/2012/04/demand-notice-mis-matching-of-tds-in.html
Refer below for cbdt latest instructions regarding tds mismatch
http://www.irsofficersonline.gov.in/Documents/OfficalCommunique/17112013105228.PDF
Thanks & regards
Ganeshbabu k
02 August 2013
Summary of CBDT directives was,
"when an assessee approaches the Assessing Officer with requisite details and particulars in the form of TDS certificate as an evidence against any mismatched amount, the said Assessing Officer will verify whether or not the deductor has made payment of the TDS in the Government Account and if the payment has been made, credit of the same should be given to the assessee. However, the Assessing Officer is at liberty to ascertain and verify the true and correct position about the TDS with the relevant AO (TDS). The AO may also, if deemed necessary, issue a notice to the deductor to compel him to file correction statement as per the procedure laid down."
"when an assessee approaches the Assessing Officer with requisite details and particulars in the form of TDS certificate as an evidence against any mismatched amount, the said Assessing Officer will verify whether or not the deductor has made payment of the TDS in the Government Account and if the payment has been made, credit of the same should be given to the assessee. However, the Assessing Officer is at liberty to ascertain and verify the true and correct position about the TDS with the relevant AO (TDS). The AO may also, if deemed necessary, issue a notice to the deductor to compel him to file correction statement as per the procedure laid down."
04 August 2013
Thanks for the info Ganesh.
Do I need to just send a hard copy of the letter alongwith Form 16 & 26AS to ITO CPC or do I need to meet Assessing Officer in person and produce the proofs, If so where can I contact the Assessing Officer?
Do I need to just send a hard copy of the letter alongwith Form 16 & 26AS to ITO CPC or do I need to meet Assessing Officer in person and produce the proofs, If so where can I contact the Assessing Officer?
07 August 2013
as per CBDT directives we have to provide these documents to AO.
but i prefer to file rectification online
but i prefer to file rectification online
07 August 2013
I had filed for the rectification twice but got the same above message as the reply. Now I am in a fix on what to do further. Please suggest.
07 August 2013
Only option left is meet AO and request for rectification..
please refer above replies
please refer above replies
07 August 2013
Ok Ganesh. Thanks much for all the guidance and support.
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