Error in form-16, who is liable ? any way to appeal ?

Jayanth A (Student CA Final ) (42 Points)

17 October 2014  

Again, linked to 2 more posts I made since last night... we found some issue in the Form-16 issue by my sister's employer... they have permitted around 1.12Lacs u/s VI-A ... and this 12thousand excess, way back in 2008 was reflected in ITR filing, and is possibly the cause of the demand notice u/s 143(1).

In this case, who is liable for the mistake. This 12thousand difference is possibly now cause of the demand of 7.6Lacs being demanded by IT dept. How is an ordinary person supposed to pay this amount ? Is there any way to appeal against the penalties, especially because we never received the demand notice, and I had checked the IT-dept website and until day before yesterday they had no entries under the 'My Accounts' > 'Outstanding Tax Demand' or under 'My Account' > 'Refund or Demand' section. Nor did they ever send any email, though my same email-id was specified in the ITR-2 form used to file return, way back in 2007.

So, can the penalties be challenge, or be appealed against ?