Re: Re: [aaykarbhavan] Please Help: Income Tax Demand

In this case.

The statue can not levied the tax on the income did not ever earned by the assessee.

 

 

Though the assessee is also to follow the prescribed procedures .

However due follow up of the procedure there is mistake committed by the assessee.

 

There is one remedy available within the Income Tax Act for this kind of fault. [First the regular return has not filed within time limit, the revised return of income was filed after time barring date which is void ab -initio]

Section 119(2)(b): the commissioner of Income Tax has empowered to condone the daly. So, file an application to the office of the jurisdictional Commissioner of IT.

 

 

Even if this fails, the court is the final remedy.

 

regards.

 

 

The revised return of income can be processed u/s 143(1) only if the original return of income was filed u/s 139(1). The CPC cannot rectify the so-called mistake because the duly verified ITR V respecting the original return of income showed that the assessee's income for the assessment year 2010-11 was Rs.1140469. I am of the considered view that the blunder committed by the assessee, cannot be a undone by way of passing a rectification order u/s 154 of the Act because the mistake is not apparent from record and not covered under the said section. With due regards. --- On Sat, 4/6/13, Vidya V <viral.vidya@gmail.com> wrote: From: Vidya V <viral.vidya@gmail.com> Subject: [aaykarbhavan] Please Help: Income Tax Demand To: aaykarbhavan@yahoogroups.com Date: Saturday, April 6, 2013, 4:45 AM   Dear Friends & Professional Colleague, Your Advise and   Guidance needed for my friend who have received Income Tax Demand for Rs. 3,19,800/-.  The details of which is as follows: Assessee have E-Filed Original Return for AY 10-11 on 27-03-2011, Income was wrongly shown as Rs. 11,40,469/-. Assessee have E-Filed a Revised Return for AY 10-11 on 09-04-2011, with Actual Income of Rs. 1,14,469/-. Both the ITR-V of E-Return were sent to Bangalore.  Assessee received confirmation Email for receipt of ITR-V. Now the assessee have received Demand notice for AY 10-11 for payment of Income Tax of Rs. 3,19,800/-. Assessee have filed Rectification for the AY 10-11, for correcting the income at Rs. 1,14,469/-. My Query  1. Is this sufficient or some more precautions have to be taken ? 2. Whether the demand would be cancelled ? 3. Do the assessee needs to send anything to Bangalore ? like Bank Pass Book or any Affidavit for evidence of Income.  Thanks in Anticipation. Awaiting for your Professional support and guidance.

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