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Intimation under Section 143(1) - Intimation under Section 143(1)

 
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  Sanjay Kumar Goyal
Dear All,

After paying all my tax laibility the Department has issued Intimation under Section 143(1) forAY 2007-08 & AY 2008-09. I am surprise to inform that the Income Tax Department is showing Nil TDS agaisnt the all Tax Laibility. I am a salary person and having sufficient proof of TDS deducted by the Employer however i am surprised that the department issuing notice even in the case of online retun filing. The Department is not even trying that how a person will file income tax return online and before signing the intimation how you ensure your self that the person has not deposited tax or the TDS was not deducted by the employer.

How in Inida a Common person will always giving reply to this department who sign the documents even knowing that even the signatory can not recognise the intimation i Mean to say - Only amount no descreption agaisnt each amount.

Regards,
Sanjay
Complaint comments 57 Comments     Updated:
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Yes, Income Tax Dept is simply giving us trouble.
When we try calling on phone number of Income Tax, they simply disconnect the call and they dont give enough proper response.
Even my TDS is computer as 0 by them, wherein i have paid 10, 780 already on the year.
They have added interest for that tooo.

This is too irritating to run here and there...tedious process this is :(


Hope if someone can help us what action we need to do...
 
I too have a problem very much similar type. I am not familiar with the terminology and changing type of IT forms though I try with all my commonsense all these years. But after retirement I get it still more difficult. I paid a tax more than the tax on my interest ( and that is all the income I have to upon) through TDS which I mentioned against the tax paid column, with ample proof of bank's 16A document and I am eligible for the refund.But they did not show any TDS as paid in the intimation of 143(1). They show all the tax in liability and added interest. I dont know I may also be hanged as criminal for paying the Tax well in time and in advance and filing the return well in time.
I am unable to know to react to this situation. I can understand they do this deliberately but how to convince the God of justice is my worry
Ganesha.
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User
joseph  
 
Hi Fellas,
I also have got the same issue with this IT Dept...After having paid all my taxes for assesment year 2008-09, last week I have got an Intimation letter for the same...Its really surprizing and rather shocking...
But now the poit is have you been able to resolve this...if not how do you people think we can?

Regards
Joe
 
Hi everyone,

Even I've got the intimation letter last Saturday for assesment year 2008-09. As computed under section 143 (1), the letter shows TDS amount as 0 and they have added interest also. It really shocking. How do we resolve this now.

Regards,
SelvaS.
A
User
Sachin  
 
Same story here.. they have not considered the TDS from salary and retaxed for my entire salary plus interest...

I think we have to send form 16 but where? and whom to speak to/
Any ideas?
 
Even I have been sent an intimation under section 143 (1) .

There is nothing to panic. this could be because the TDS is not updated against the assessee's PAN and so in that case got your IT circle and submit to your IT officer (refer the intimation for the details of the same )all the documents for the Tax paid. I hope that will definitely solve the issue.
A
User
giri  
 
Even I also got the same.. don't know what to do...any help in this
 
Hi,

With a covering letter submit the copies of the TDS certificates and Self assessment tax if any, to the assessing ward where are being assessed. An acknowledgment of the same to be obtained on the copy of the letter submitted. After that meet your IT Officer and inform him of the same. He will rectify the same in his records and revise the initmation.

Thanks,
 
Hi,

Today, I have got the same intimation under section 143(1). Even though I have paid Rs.70000/- as TDS and the same is reflected in my income tax return on 2008-2009, I got the intemation where it has mentioned TDS = 0, and due amount is 70000 + 20000 (interest) as due income tax. For 2008-2009 assessing year, i was working in a software company in Mumbai, but my current location is Pune.

Could anyone please suggest what is the best way to do against this intimation?

Thank You,
Regards,
Anant Shah
 
Hi
I also recived the intimation. The best way to revert is howing them that this intimation is invalid.
"143. 85[(1) Where a return has been made under section 139, or in response to a notice under sub-section (1) of section 142, such return shall be processed in the following manner, namely:

(a) the total income or loss shall be computed after making the following adjustments, namely:

(i) any arithmetical error in the return; or

(ii) an incorrect claim, if such incorrect claim is apparent from any information in the return;

(b) the tax and interest, if any, shall be computed on the basis of the total income computed under clause (a);

(c) the sum payable by, or the amount of refund due to, the assessee shall be determined after adjustment of the tax and interest, if any, computed under clause (b) by any tax deducted at source, any tax collected at source, any advance tax paid, any relief allowable under an agreement under section 90 or section 90A, or any relief allowable under section 91, any rebate allowable under Part A of Chapter VIII, any tax paid on self-assessment and any amount paid otherwise by way of tax or interest;

(d) an intimation shall be prepared or generated and sent to the assessee specifying the sum determined to be payable by, or the amount of refund due to, the assessee under clause (c); and

(e) the amount of refund due to the assessee in pursuance of the determination under clause (c) shall be granted to the assessee:

Provided that an intimation shall also be sent to the assessee in a case where the loss declared in the return by the assessee is adjusted but no tax or interest is payable by, or no refund is due to, him:

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


The last line of section 143(1) clearly states that the notice has to be issued before one year from the end of the financial year in which the return is made. SO if you take July 31, 2008 as last date of filing returns, the intimation should have reached us before 31July 2009.
Also simply do a register post of reply stating you have paid the tax and liability is nil attaching Form 16 as proof.

Under any circumstances they cannot and should not fine you.

If at all they fine you we shall jointly put a case against the IT Accesing officers who are giving this notice without proper checking.
 
Me and my mom have received similar intimations. Since we are both salaried, we do not control our income tax payments, our companies do, and we have been filing tax returns through our respective employers, then why this! Should'nt they fine the employers for miscalculations (if any)?
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User
karthik  
 
I have received the same letter last week. Although I have paid TDS, it is showing as 1.5 Lac income from other sources even though I have declared 0 income from other sources. what is the procedure to correct this?
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User
Vinod  
 
I also received the same letter and don't know to whom need to contact to resolve this issue. Please some one guide me on this.
 
Hi All, Even I have received an intimation letter from the IT under the same section for the period of 2007-2008 and asking to pay tax + interest on the same. really ridiculous. Can any one let me know whom should I approach in Mumbai or Navi Mumbai.
 
I too have received a similar notice after having diligently paid all the tax. I read a article in TOI some days back that people who have received such an intimation should go to the Income tax office in BKC, Mumbai and submit their complaints. My question is why should we be queuing up in this scorching heat to submit our complaints. Shouldn't these guys proactively act and rectify the issue?
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User
pradeep  
 
Hi All,
I have also received a demand intimaton u/s 143(1) 10 days back asking to pay entire TDS and interest under 234B and 234C for the AY 2008-09. As per the online view of 26AS form I have paid the TDS fully. When contacted the call centre provided in the demand they told me I can ignore this if believes there is nothing pending from my side. However, I have contacted a CA for this and as per his advice going to send a mail by 'Ordinary Post' asking the ITO to rectify this demand and make it invalid as I have form 16 from my employer and 26AS form from IT department as proof.( Copies of them need to be attached). The IT dept may issue a rectification form but if anybody having proof that they have already credited the TDS to IT dept., then can try this procedure to rectity the same.
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User
yuva s  
 
I have similar problem. It is so shocking to see that they give additional amount on my TDS!!! That is supposed to be either the company's mistake or their mistake .. how do they issue the saral then? I see all your discussions so far, but, there is no professional who has got back with a reply to this.. any solutions?
 
I am getting such type of Intimation since past 3 years and in spite of informing the concern department they are repeating same mistake again & again. This year I wrote written letter to concern Income Tax officer who has signed the letter. I am awaiting the revert from the officer.
My ITR copy is signed and acknowledge by the same department CPC centre and same department is sending me Intimation to pay Tax what coordination!!!Hats off to Income Tax Officers...
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User
Naveen  
 
I have received a similar mail from IT Dept, regarding 234B and 234C...
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User
sky2010  
 
I too recieved intimation letter from IT. I had delayed filing return by 3 months during 2007-2008 AY 2008-2009. They have impoesed interests under 234 A, 234B and 234C. I am confused and shocked. What should I do? These interests are not applicable to me as tax is deducted by company and I have no tax liability.

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