EASYOFFICE
EASYOFFICE

How to address problems in intimations under 143(1)?

Page no : 2

HonestTaxpayer (Software Engineer) (103 Points)
Replied 10 May 2011

Originally posted by : Mihir

There is a difference between TDS actually paid and TDS return filed. Maybe TDS return has not been filed yet and that is why your 26AS is not showing the credit. You can ask your company if they have filed the TDS returns. And if they have, maybe they have mistakenly omitted your amount. If they have filed correctly, theyn ask them challan details and you can re-check via tin-nsdl.com.

Oh, so you are trying to suggest, even if TDS has been paid, if the TDS return doesnt mention or has any problem, it means nothing. IT dept. wont acknowledge the TDS. Right?

I guess I will need to get in touch with my respective TDS deductors and ask them as to why this isnt appearing in IT dept records.

Thanks a lot for the help!


Mihir (Wealth Manager) (5293 Points)
Replied 10 May 2011

TDS is paid into the bank using the TAN number of the company. Only after the TDS return is filed, which gives the info whose TDS has been deducted along with the name and PAN number of the deductee, and only then 26AS will show a credit under your PAN.

1 Like

CA Deepak Joshi (TaxTalk) (178 Points)
Replied 10 May 2011

Originally posted by : HonestTaxpayer




Originally posted by : Deepak Joshi






In that case i request u to take a copy of all ur Form 16 and Form 16A and along with an application u/s 154 post it to the dept.....

Just as a last cross check....pls ensure that on TDS certificats ur PAN is correct...bcoz then u'll get the TDS credit from the Dept easily...






Ok, let me see what documents have been provided to me by my TDS deductors. 

By the way, what is the difference between form 16 and TDS certificates? 

You have asked me to verify my PAN on TDS certificates. Will both my former employers and SBI be able to give me TDS certificates?

Finally, how do i contact IT dept. with the form 16's etc? Is that online or do i send it through post/courier? What is applicaton u/s154, is it something I need to download as well and fill?

 Yes form 16 and 16A are same as certificates mentioned by me..


Application u/s 154 is an application for rectification of mistake which is apparent from record. It is written to the tax authority who has passed the order.

There is no specific format it needs to be simple letter addressing the mistake apperent from from record, and the resulting demand or refund once the rectification is carried out, and requesting the officer to pass the order u/s 154.

You may conclude the letter with following words

" I have to request your honor to kindly pass an order u/s.154 to rectify the above mistake and grant me the TDS credit.
 
I hope your honor would be kind enough to accede my above request. In case any further information or clarification is required, I shall furnish the same on hearing from you."

HonestTaxpayer (Software Engineer) (103 Points)
Replied 10 May 2011

Originally posted by : U S Sharma

sometimes TDS is deducted in previous year and certificate issued in current year to save the back of deductor, but the deductee does not get credit at all on such certificates, 26AS displays the clear details of tax credits by way of TDS, by way of challan, so the variation could be pointed out easily and then the deductee can proceed for next step to ask the deductor to rectify the TDS return, 

unless you know specifically, which do u want in real , how they can track? they have thousands of employess and dozens of returns are submitted for a year, how much they can search for a single person?

be specific, tally the form 16/16A with form 26AS and ponit out the variations, only variations should be corrected.

Yea I guess that is fair enough. 

Let me quote the differences in the form 26AS and form16 issued to me and ask them the reason. 

Also how abt SBI? I do not think they would be issueing form16. From them I should ask for tax certificate, right?


HonestTaxpayer (Software Engineer) (103 Points)
Replied 10 May 2011

Originally posted by : Deepak Joshi


 Yes form 16 and 16A are same as certificates mentioned by me..


Application u/s 154 is an application for rectification of mistake which is apparent from record. It is written to the tax authority who has passed the order.

There is no specific format it needs to be simple letter addressing the mistake apperent from from record, and the resulting demand or refund once the rectification is carried out, and requesting the officer to pass the order u/s 154.

You may conclude the letter with following words

" I have to request your honor to kindly pass an order u/s.154 to rectify the above mistake and grant me the TDS credit.

 

I hope your honor would be kind enough to accede my above request. In case any further information or clarification is required, I shall furnish the same on hearing from you."

Ok, so let me summarise it.

I type a letter stating my grievance and concluding it with the words you have mentioned. Now I believe I would also need to attach some documentary evidence supporting my claim. Right? Would those be form 16 and TDS certificate respectively?

Also, who do I adress this letter and send it to? Any addressed?



CA Deepak Joshi (TaxTalk) (178 Points)
Replied 10 May 2011

Yes the TDS certificates are to be attached along with...And pls always remember that the forms 16 , 16A are same as certificates....they are not 2 diff things!!!

You have to address it to IT authorities, CPC bangalore.... also u may check any address given on the intimation.....kindly send it through registered post so as to have a proof ...


HonestTaxpayer (Software Engineer) (103 Points)
Replied 10 May 2011

Originally posted by : Deepak Joshi

Yes the TDS certificates are to be attached along with...And pls always remember that the forms 16 , 16A are same as certificates....they are not 2 diff things!!!

You have to address it to IT authorities, CPC bangalore.... also u may check any address given on the intimation.....kindly send it through registered post so as to have a proof ...

Got it!

thanks so much ... thats definitely a part of the burden off me. Ofcourse until it sorts out, id be worried.

I would really like to thank you and other very well informed guys on this forum. For people like me who are informationally challenged on such topics, this forum and you guys are god send.

I would keep you updated on the progress.

Thank you so much.


CA Deepak Joshi (TaxTalk) (178 Points)
Replied 10 May 2011

no need of thanks...its a platform for knowledge sharing....but pls remember to keep updating about ur case....wishing u all d best for the TDS credit.....:)



(Guest)

Dont worry Dear ...! File 154 Application with Assessing officer.  Also attached copy of TDS certificates for which no credit is given. 

You will definately get the credit.But for that you have to take follow up with department. But now onwards make sure that , your 26AS shows credit against your PAN.

Now, from this year onwards it is made mandatory to have credit in 26AS.You will get the credit for TDS only on the basis of 26AS & not on the basis of physical TDS cert. 

Dept is saying you have to follow up with the deductor,if no credit is shown in 26AS.

Deductor must have made some error while filing e- tds returns.

Ask the deductor to file revise e- tds returns with your correct PAN.


HonestTaxpayer (Software Engineer) (103 Points)
Replied 11 May 2011

Originally posted by : Niel..........

Dont worry Dear ...! File 154 Application with Assessing officer.  Also attached copy of TDS certificates for which no credit is given. 

You will definately get the credit.But for that you have to take follow up with department. But now onwards make sure that , your 26AS shows credit against your PAN.

Now, from this year onwards it is made mandatory to have credit in 26AS.You will get the credit for TDS only on the basis of 26AS & not on the basis of physical TDS cert. 

Dept is saying you have to follow up with the deductor,if no credit is shown in 26AS.

Deductor must have made some error while filing e- tds returns.

Ask the deductor to file revise e- tds returns with your correct PAN.

Hi, thanks and appreciate your response. 

Im slightly confused. You seem to be saying two different things. So if I file 154 application with TDS certificates I have got, wuld the credit be done or for that would i need to follow up with the deductors?



CA. Arpita Singhal (Partner) (100 Points)
Replied 11 May 2011

You need to do both. Frst of all file a rectification application under Sec 154 with Form 16 & 16 A (TDS Cert) and also follow up with the deductors.


HonestTaxpayer (Software Engineer) (103 Points)
Replied 11 May 2011

Originally posted by : CA. Arpita Singhal

You need to do both. Frst of all file a rectification application under Sec 154 with Form 16 & 16 A (TDS Cert) and also follow up with the deductors.

Perfect. Thank you so much. Although it has been already clarified but just to double check, this rectification application under section 154 need not be under any format. It is just a plain letter to sent to CPC Bangalore thru either registered post or speed post.Right?


CA. Arpita Singhal (Partner) (100 Points)
Replied 11 May 2011

There is no format of Rectification application. You should mention all the points clearly & do attach the TDS certificates & the copy of intimation. One more thing post it thru ordinary post..neither registered nor speed post. Keep a copy of the complete set of appliction with u 4 future.


HonestTaxpayer (Software Engineer) (103 Points)
Replied 11 May 2011

Originally posted by : CA. Arpita Singhal

There is no format of Rectification application. You should mention all the points clearly & do attach the TDS certificates & the copy of intimation. One more thing post it thru ordinary post..neither registered nor speed post. Keep a copy of the complete set of appliction with u 4 future.

Oh is it? I thought someone pointed out to send via registered post so that receipt is guaranteed. 



U S Sharma (glidor@gmail.com) (21063 Points)
Replied 11 May 2011

under so much discussion, wen the credit is not reflected in intimation u/s 143(1), get ensure 1st with 26AS about your tax credit through TDS, then file rectification u/s 154, otherwise the whole exercise will not fetch anything. CPC does not belive the paper documents unless the credit is reflected on NSDL site.

1 Like


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Join CCI Pro


Subscribe to the latest topics :

Search Forum: