Tax refund after section 154 rectification order

Kiran Ravinuthala (Software Developer) (49 Points)

26 November 2012  

I e-filed my return for AY 2011-12 through Income Tax Efiling website, in time (20/06/2011) for regular ITR filing. The table on Income Tax E-filing website said that I should use ITR-2 because I had a home-loan (loss from house property). The ITR-2 return preparation Excel from the department was too difficult for me to completely understand, hence  I used a third-party website for generating the XML file. In the end, the third-party website generated ITR-1 form XML, which I found was fine for individuals having a single home loan.

Anyway, I submitted it and filed my return. On 04/07/2012, I received an intimation U/S 143(1) indicating a tax demand of around Rs. 6700 (The letter is dated 02/12/2011, so there is a delay of 8 months in intimation reaching me). After going through it, I found that the third-party website did not generate an entry for section 80 CCF (Rs. 20000 investment in long term infrastructure bonds), even though the amount is included in the total deductions under Chapter VI. This amount of Rs. 20000 was rejected by the Income Tax department, since the sub-total & main total of deductions under Chapter VI were not matching, hence they calculated about Rs. 6700 as tax & interest on this.

So I filed a rectification request using the Department provided ITR-1 Excel (I used the version for AY 2011-12 correctly). The tool calculated an additional Rs. 3029 for interest when I made the calculation on 04/07/2012. I was in 2 minds whether I should pay it or not, but finally I decided to play safe. I promptly paid it online for AY 2011-12, generated my updated ITR-1 XML and submitted it on the IT Efiling website. 

I received a rectification order U/S 154 in September 2012, where they accepted my entry for Rs. 20000 long term infrastructure bonds. Their calculation of interest was only upto 20/06/2011 (original date of e-filing), and It shows I don't need to pay any additional tax/interest. But the problem is, they also did not consider the new tax/interest paid on 04/07/2012 (for AY 2011-12), so it says "No Demand/No Refund". The entry reflects in the Form 26AS correctly for AY 2011-12, as on 04/07/2012 (but not as on 20/06/2011, my original filing date, and which probably the CPC software has used for my revised assessment as well).

What is my recourse to get back the additional Rs. 3029 that I erroneously paid, based on the calculation by the ITR-1 Excel software in 2012, for my return for AY 2011-12 ?

Thanks in advance.