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Demand notice u/s156 or u/s 245???

CMA Anupam (Cost Accountant) (62 Points)

18 November 2015

Hi Tax eperts,

I recieved a notice of demand on Income tax efiling website of Rs. 460 u/s 245. It is mentioned it is issued u/s 245. But now I have recieved a hard copy from income tax via Post stating that demand is issued u/s 156. They have also sent me a challan. If it is u/s 245 then it must be adjusted with refund of FY 12-13 that I am expecting or if it is u/s 156 then I have to pay.What is this confusion? Plz help.

Additional Info: I have not filed ITR fo the FY 12-13 as I am not in tax bracket but TDS was deducted in FY 12-13. But due to non-filing I have not got the refund When Income tax raises the query in Cpmliance section I have replied that I was not in tax bracket in the FY 12-13.

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S. Shiroor (Others) (1207 Points)
Replied 18 November 2015

You have not filed IT return for AY 2013-14, 2014-15 and AY 2015-16. -i suppose.

Since you have not filed return for FY 12-13 and after wards they have sent to you a demand notice. Pay it online under head 400 for challan 280. Down load the challan. Note doen the BSR code, Challan No , date and Amt. Goto efiling and log in and then rectification then AY and then tax credit mismatch - give challan details in IT. submit. The issue will be closed.

You will get refund for FY 2012-13 only when you file return. You just cant say you have given compliance. You should file return and then comply. You should consume TDS and then claim refund only by filing return.