Intimation u/s 245 of the act

Tax queries 1322 views 3 replies

yashsr

2285 Points Joined April 2011

Hello,

An assessee has recd intimation u/s 245 for adjustment of refund of Rs.6380 for AY 2011-12 to be adjusted against a demand of AY 2008-09 of about Rs. 15572. The assessee only had salary income(plus some meagre amount of bank interest) in the AY 2008-09. TDS was deducted on Salary in Form-16 but a copy of the same is lost and cannot be received. But in Form 26AS, there is TDS deducted showing of Rs.13892. Now I have the following questions regarding the same:

1) Since Tax Payable(actually it is TDS) is Rs.13892, how come there is a demand of Rs.15572 for AY 2008-09? I assume this is including interest u/s 234A,234B, 234C. Any ideas?

2) Since I do not have the Form 16, will attaching a print of Form 26AS do the job?

3) The letter from the IT Dept was dated 31/01/2012 wherein they mentioned to reply within 10 days of receipt. Now I just want to make sure they haven't already adjusted the refund. Can I do it online? I checked online refund status for AY 2011-12 on TIN NSDL where it says 'Your assessing officer has not sent this refund to Refund Banker.'

Replies (3)

CA. Ankit Khemka

CA in Practice

45 Points Joined October 2007

As per the information provided by you, there would be no interest u/s 234A/B/C assuming sufficient amount of TDS has been deducted on the salary and interest income, if any. Kindly visit the relevant A.O and ask him for the details since if they have raised the demand for RS.15,572, then there must have been as assessment first of which you would have been given a notice..also check the timit limit of assessment since for A/Y 2008-09, assessment could have been made upto 31/12/2010.

Further, Form26AS could be produced as an evidence of Tax Deducted at source.

yashsr

2285 Points Joined April 2011

Originally posted by : CA. Ankit Khemka
	As per the information provided by you, there would be no interest u/s 234A/B/C assuming sufficient amount of TDS has been deducted on the salary and interest income, if any.

Correct but assuming they haven't credited TDS, then the difference can be interest u/s 234A/B/C.. just guessing.. Thanks!

CA. Ankit Khemka

CA in Practice

45 Points Joined October 2007

That hardly seems a possibility, since the amount is reflected in form 26AS, and in case, they have not given you the credit of the amount deducted, then you can ask for rectification of the order u/s154 since the mistake is apparent...