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Penalty amount paid - but cpc again deducted the same from it returns

Tax queries 321 views 2 replies

I received a Demand notice u/s 156 from CPC around May 2017 for AY2010-11. I consulted some local Tax consultants and then finally decided to accept the demand and paid the Amount of Rs.23k+. Then within a week I received another demand for interest of Rs.696/- - I paid that too. I thought all was over for the good. But not.

Again in June 2018, I received another Notice asking me to appear personally / or by writing to them in reply to a show cause notice - The next day I received a Penalty demand of Rs.11k+ - u/s 271(1)(c) - I again consulted my tax consultant and he said the penalty need not be paid but can be asked to be deducted from IT returns - I had to get a return of Rs.19k + last year. So I decided to enquire about this through eNivaran - I got a reply saying that I have to pay the amount and that this cannot be deducted from the returns payable. So I paid Rs.11k + penalty. And I was expecting my return of 19k. But this 11k+ was deducted from my 19k+ IT returns last year and I got only around 7k+ into my account. Then I raised another support ticket on eNivaran - reply was CPC did not have records (as on that date) that I had paid. I had attached the payment challan while raising the support ticket.

How can I get this Rs.11k+ back please. Any help in this regard will be highly appreciated. Thanks. 

Replies (2)
Raise issue in eNivaran and simultaneously send a mail or letter to jurisdictional AO about this.
appear in front of the A.O with a letter explaining your situation and proof of payment of penalties. it is not at the easiest cases that department raises penalty u/s 271(1)(c). so it is better to cut off advices of local tax consultants and you can approach the A.O for resolving the issue. If you need further clarification feel free to drop a mail at rubanjk4 @ gmail.com


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