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Got notice under section 143(2) ay 2013-14

bharath (ss) (85 Points)

16 September 2015

Dear Respected Experts,

I got Notice u/s 143(2) AY 2013-2014, on 31/08/2015 for produce documents, But i have some doubts
1.return filled 02-02-2015 , In 26as unknown Tds Credited Rs 4,18,000/ u/s 194A- , But i dont have any deposit in any firm,wrongly credited hence i filled ITR 4 (because of Loan purpose), Got refund Rs, 2,07,158/- what can i do this help me ,

2,can i re pay the Rfund amount ?
3. after 6 months notice was void, it is in my case ?
4.I dont have income on that AY 2013-14 , I m student .

5. If cant attend AO , what will happen?

Please advice me ,urgently the notice last date will be 22-09-2015

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26 Replies

S. Shiroor (Others) (1207 Points)
Replied 16 September 2015

It was your duty to tell The TDS Ao of you area that wrong TDS has been credited.

You should not have claimed it at all. Did you claim TDs 418000.

You should write a letter to AO that u r a student and you wrongly claimed the TDS.

and that you want to give it back.

Plz go and meet your Jurisdiction AO. matters will be sorted out.

1 Like

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bharath (ss) (85 Points)
Replied 16 September 2015

Sir,

Refunded amount Rs 205000/- But yesterday i paid 200000/- by online. sir , please let me know , if i fails to attend Ao , what will happen ?. & I should pay only Refund amount right?

Please advice me

jaya krishna (Chartered Accountant) (262 Points)
Replied 16 September 2015

You can rectify return under sec 154... If the department accepts there is no need to attend

1 Like

bharath (ss) (85 Points)
Replied 16 September 2015

i treid sir but not possible in portal

S. Shiroor (Others) (1207 Points)
Replied 16 September 2015

If You have no income in AY 2013-14 - how come you got refund of only 2.07 lk.

Ur TDS is 418000. Please clarify with full details

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S. Shiroor (Others) (1207 Points)
Replied 16 September 2015

Bharath - dont panic. AO is not going to scold you or are eat you up.

You paid online means you have paid TDS for AY 2013-14 . Is it correct.

You have done a good job and AO may appreciate also.

What about the TDS of 418000.? You only got 205000. what happened to rest of the amt. That means you have taxable income.

1 Like

bharath (ss) (85 Points)
Replied 16 September 2015

on febraury , Bank person asked me for ITR of 2 years, so i filled, but in 26AS shown 418000/- Credit. no alternate way for show nil return , hence i shown some amount as Taxable. , Now it cames into trouble., So i Paid Self assessment Tax Rs 2lac yesterday itself ( what i got refund ) . thats reason , how to explain to AO about this , i already in tension about my Job(Govt)

Please suggest me ,

S. Shiroor (Others) (1207 Points)
Replied 16 September 2015

if you are in Govt Job - why are you writing you are student.

I have partially understood what you are saying.

1] You are in govt job and filed Itax ret

2] Instead of filing Nil return you gave some amt - so that Bank officials will sanction you a Loan.

3] You have Tax credit of 418000 - which you dont know where it came from

4] You got refund of 207158 . that meands you consumed (418000 -207158) .

if 418000 does not belong to you - why did you claim it in the first place.

Writing a letter may not help. Just go to AO and tell the truth. Also carry the 2lk challan and tell them i have given back your refund. Tell them 418000 does not belong to you.

Miss Rinkal (Student) (1309 Points)
Replied 16 September 2015

@ Bharath:

Correct me if I am wrong?

1. You have filed your return for Assessment year 2013-14 on 02.02.2015 which means you have filed a belated return. And that you have claimed income as per Form 26AS which actually did not happened to be your income

Remedial measure:

File a rectification u/s 154 and quote your actual income that you have earned

2. You have received a refund amount and the same you want to get paid back. In the next reply, you stated that the refund has been paid online. To whom have you paid online? The IT Dept? How. I mean in what form?

3. The notice u/s 143(2) is valid and not void. As the time limit to issue notice is 6 months from the end of FY in which return is filed which means notice issued upto 30.09.2016 (presuming return is filed on 02.02.2015)

4. File it in the rectification letter that you are a student and have declared your income as per Form 26AS and which is not supposed to be your income. I.e a wrong credit in your Form 26AS.

5. Do not ignore the notice as that might cause you with penalty and interest and fine which can extend up to Rs 10000/-. Check what are the details mentioned and prepare the documents as asked for. In case you find your case to be complicated and you cannot manage it on your own, then take the help of a CA. He will help you in the most efficient manner. But please do not ignore the notice (Highly recommended)

2 Like

Udgam Koomar (Tax Technologist) (1949 Points)
Replied 16 September 2015

If you are seking help and advise here,please explain properly and true facts, dont open the onion layers one by one. It gets difficult for members to answer. You are getting nervous and afraid as you have something to hide. If the AO detects any discrepancies then certainly you can be fined but present your case in formal way with all details and fact, met AO personally and put up the facts.

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bharath (ss) (85 Points)
Replied 16 September 2015

Thank u so much for both experts for valuable Sugession, & in 2012 i passed out , Recently appointed as AEE in Water resource Dept Karnataka, How to file Rectification U/s 154 , i tried in Portal , but it shows Ay in Asst order , can i re request for 143(1) ?

Miss Rinkal (Student) (1309 Points)
Replied 16 September 2015

Could you explain in depth as to what have you claimed as your income for two years. Just read it now. I am not able to understand your facts. Kindly put some light on your facts. Earlier you said that you are a student and had no income then you said you filed two years return showing some taxable income to procure a loan? Your views are not justifiable. Please tell the facta properly so that we could help you in the best possible manner