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INTIMATION U/S 143(1) FRM CPC BANGLORE

ABHISHEK (C.A. Final STUDENT) (95 Points)

29 August 2010

I hav filed a Nil return thru e-filing on 31.03.10 for ass. year 2009-10 showing income Rs. 142000 and Tax payable is nil.

Now i received a intimation u/s 143(1) From CPC, Banglore showing the same details as i showed in my return . No Demand of Tax and No refund .

I m unable to understand if there is no demand or refund then how can the send intimation . when we file the return manually we hav not received any such kind of intimation . Even i hav filed many returns on that day but i received intimation for only one assessee .

Thanks in Advance.

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14 Replies

saurabh (Executive) (202 Points)
Replied 29 August 2010

Nil returns are processed fast... They just read the barcode and then process it... Also , you can check on the pan the efilling processing status...if there is demand it will show that while processing demand is raised...

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RAKESH (Almost CA) (2199 Points)
Replied 29 August 2010

the case would have processed using the bar code. only whn there is demand in excess of Rs. 100 u need to worry about that. so leave it and keep it as ur file record thats all.

venkatraman shrinivas (Tax consultant/Tax Advocate In Practice.) (313 Points)
Replied 29 August 2010

The automated barvcde reads and finalises the oder instanly. It is good his system has well calibrated set procedures.We would appreciate that if all pending refunds, lying for years are also released within certain time frame. Even hough time limi is set or completion of asessments, no time is set for issue of refunds. This issue should be addrssed by the Finance Minister.

Amit Bajaj (Tax Attorney) (9085 Points)
Replied 29 August 2010

143(1) Where a return has been made under section 139, or in response to a notice under sub-section (1) of section 142,-

(i) if any tax or interest is found due on the basis of such return, after adjustment of any tax deducted at source, any advance tax paid, any tax paid on self-assessment and any amount paid otherwise by way of tax or interest, then, without prejudice to the provisions of sub-section (2), an intimation shall be sent to the assessee specifying the sum so payable, and such intimation shall be deemed to be a notice of demand issued under section 156 and all the provisions of this Act shall apply accordingly; and

(ii) if any refund is due on the basis of such return, it shall be granted to the assessee and an intimation to this effect shall be sent to the assessee:

Provided that except as otherwise provided in this sub-section, the acknowledgment of the return shall be deemed to be intimation under this sub-section where either no sum is payable by the assessee or no refund is due to him:

Provided further that no intimation under this sub-section shall be sent after the expiry one year from the end of the financial year in which the return is made:.

Provided also that where the return made is in respect of the income first assessable in the assessment year commencing on the 1st day of April, 1999, such intimation may be sent at any time up to the 31st day of March, 2002.

The first proviso to sction 143(1) provides that the acknowledgement of return shall be deemed to be intimation u/s 143(1) if no refund or tax due arises from the return. The intimations in case of nil returns should not be sent but they are being sent by CPC.

S K BANSAL (PROP) (24 Points)
Replied 30 August 2010

I don't understand why you are worried about intimation for nil return? Afterall this is a good document for our record. The assessee is also satisfied that his case has been processed as per return filed. There is no further query. We should take it in favour of all of us. Queries are raised for points which are taken adverse by the department. There should be no query for undue favour for anybody.

Thanks!

CA. S.K. BANSAL, ROHTAK

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mukesh dua (C A) (33 Points)
Replied 30 August 2010

But ,what about those intimations where high demands are being raised by enhancing the assessable income? As per the provisions of IT Act no adjustment can be made to the return filed by the assessee

CA Mukesh Dua.

NITIN SHARMA (DIRECTOR) (904 Points)
Replied 30 August 2010

Intimation u/s 143(1) is a good evidance that your retuned has been proceded. If you filed your return as nil and received intimation of nil than it means your returned has been processed as per your diclaration and the income tax department considered your declaraTION RIGHT PRIMA FACIE.

Vipul Garg (Company Secretary) (60 Points)
Replied 31 August 2010

Hi Friends

what to do in my case where demand of only Rs. 2 is raised by department (CPC Banglore). How to submit Rs. 2 in the Bank.

we can avoid it and adjust this Rs. 2 in the next ITR..

Plz tell me ....

venkatraman shrinivas (Tax consultant/Tax Advocate In Practice.) (313 Points)
Replied 31 August 2010

Mt. Vipul,

Kindly refer to section 288B of the Income-tax Act, which clearly provides that tax due or refund due shall be rounded of to the nearest multiple of ten rupees. For this purpose any sum below Rs.5 shall be ignored and the one above 5 will be counted to the nearest ten. Hence the demand of Rs.2 can be conveniently ignored. Perhaps the system has not been calibrated to calculate, in the manner provided under section 288B.

Vipul Garg (Company Secretary) (60 Points)
Replied 31 August 2010

Dear Venkatraman Sir

If we read section 288B, it is for 50 Paise not for Rs. 5 or 10...

Plz clarify

Section 288B
ROUNDING OFF OF TAX, ETC.

The amount of tax (including tax deductible at source or payable in advance), interest, penalty, fine or any other sum payable, and the amount of refund due, under the provisions of this Act shall be rounded off to the nearest rupee and, for this purpose, where such amount contains a part of a rupee consisting of paise, then, if such part is fifty paise or more, it shall be increased to one rupee and if such part is less than fifty paise, it shall be ignored.

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NITIN SHARMA (DIRECTOR) (904 Points)
Replied 31 August 2010

Demand less than Rs. 50 can be ignored so don't you worry for demand of Rs.2 only. NITIN SHARMA

Sumit (wert) (43 Points)
Replied 04 September 2010

Actually the department has to send intimation to each assessee u/s 143(1) whether there is demand or not. However, earlier due to laziness and kaamchori, they did not send. Now at CPC things are computerised and norms are being followed. It is a great certificate from the department that your return has been accepted prima facie without making any adjustment. Just keep it in your record and pray that your case is not taken up for scrutiny and notice u/s 143(2) does not arrive till 30-9-2010.

capawangupta (chief analyst) (62 Points)
Replied 10 April 2011

My dear friends.

good evening

i want a answer from all of u about tax refunds from Banglore CPC.In case we not recieved any refund or any intimation about our refunds can we wrote any letter or can send any appeale for refunds if u have any

idea please share with me.

thanks

pawan gupta

delhi

U S Sharma (glidor@gmail.com) (21063 Points)
Replied 10 April 2011

Originally posted by : capawangupta
	My dear friends. good evening i want a answer from all of u about tax refunds from Banglore CPC.In case we not recieved any refund or any intimation about our refunds can we wrote any letter or can send any appeale for refunds if u have any idea please share with me. thanks pawan gupta delhi

Please ensure that u have submitted ITR V within 120 days of return submission,

within 1 year of after the assessment yr CPC finalize the returns, you have to keep patience a little, but be eusre regarding the submission of ITR V and its acceptance from CPC