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Mihir

Mihir Tanna  |905 Answers  |Ask -

Tax Expert - Answered on Nov 02, 2022

Mihir Ashok Tanna, who works with a well-known chartered accountancy firm in Mumbai, has more than 15 years of experience in direct taxation.
He handles various kinds of matters related to direct tax such as PAN/ TAN application; compliance including ITR, TDS return filing; issuance/ filing of statutory forms like Form 15CB, Form 61A, etc; application u/s 10(46); application for condonation of delay; application for lower/ nil TDS certificate; transfer pricing and study report; advisory/ opinion on direct tax matters; handling various income-tax notices; compounding application on show cause for TDS default; verification of books for TDS/ TCS/ equalisation levy compliance; application for pending income-tax demand and refund; charitable trust taxation and compliance; income-tax scrutiny and CIT(A) for all types of taxpayers including individuals, firms, LLPs, corporates, trusts, non-resident individuals and companies.
He regularly represents clients before the income tax authorities including the commissioner of income tax (appeal).... more
Krishan Question by Krishan on Nov 02, 2022Hindi
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I have filed my ITR-1 for AY 21-22 in time. Demand was raised on 14 Jan for Rs 1,690 on processing of my ITR.

a) I have paid the amount on 27 May, 2022 through net banking against challan no 10574. BSR code 0510308. I have erroneously paid Rs 1,690 in serial 300 (self-assessment) instead of SL 400. The amount remains to be shown outstanding in mine account and acceptance of return remains pending. I have tried to correct the SL 400 through my PAN account but I have not been successful in changing serial. In rectification icon this amount of Rs 1690 is not shown because only payments prior to submission of ITR are only shown. However, this Rs 1,690 is shown in it is shown in 26As. So I have not been able to change to SL 400 instead of SL 300.

b) I requested for reprocess of ITR so that this amount may get reflected and ITR will be accepted. After reprocessing request amount has been reduced to Rs 1,230. But ITR has not been accepted. It is showing with additional interest of Rs 108 as on today.

c) Additionally Rs.1690 + Rs 112 has been deducted from refund of next year return on 14 September 22. This is also reflected in 26AS

d) Therefore I have paid Rs1690 through net banking challan plus Rs 1,690 through deduction from refund plus Rs 112 as interest. Total payment made 1,690+1,690+112 = Rs 3,492. Whereas I am required to pay only Rs 1,230.

e) ITR still outstanding and not accepted till date and amount of Rs 1,230 is reflected unpaid.

Sir my query is:

a) Am I required to pay amount Rs 1,230 + interest? After the re- processing, despite having paid Rs 1,690 against initial demand by net banking plus there has been deduction from refunds. i.e. twice if I ask for re-processing?

b) Now that amount has been paid. What action I need to take to complete the processing of ITR.

Ans: If tax demand is paid after 30 days, income tax charge interest @1%. I understand that Rs 112 is interest charged for late payment of tax demand and all other demands are not valid. Such demand can be deleted by filing application u/s 154 of the income tax act.

Check e-filing portal “outstanding demand” tab. If rectification rights are with CPC, you can request CPC Customer Care to transfer ITR to assessing officer.

Once the case is transferred, you can explain the issue to jurisdictional officer, request officer to pass rectification order as mistake is appearing from records and issue refund for wrongly adjustment of next year refund.

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Mihir

Mihir Tanna  |905 Answers  |Ask -

Tax Expert - Answered on Sep 29, 2022

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Dear Mr Tanna, Before soliciting your sincere opinion I must first congratulate and compliment you for the benevolent job being done to alleviate the problems being faced by the solo taxpayers from the pounce of the IT Office. I would request you to go through my problem which is very much exhaustive and moreover disheartening for the busy people like you. I am a retd employee from LIC in the FY 2020/21. In FY 2021/22 I had received arrears of salary along with commutation of pension and leave encashment. The employer while finalizing the IT for 2021/22 had deducted IT giving the exemption for comm pension, 80CC and 80D without the benefit under sec 89. While filing IT I could see the effect of AIS. Without any further deduction except under 80 TTB, I tried to confirm the Total Taxable Income as per 26AS/AIS. The self-assessed tax was to be paid on three dates because of the ATM limit etc. The last payment which was on 28th July, could not be successful and was debited on 29th as a result I could not add the CIN No etc., on the Add box of tax payment. Since the total amount of tax was paid before the last date i.e 31st I did submit a short paid ITR presuming it would be taken care of. On 1st Aug I received a message under sec 143 with a demand due for 4660/. The e-file status was showing the ITR is under process with O/S demand Nil (four Green tick was displayed). Till Aug 30th when I found the ITR is not accepted despite the grievances as cited above, again I paid the balance amount going thru the demand due option, there also I faced the same problem from bank. The amount could be debited on 31St Aug. I did pay the amount thinking the ITR and tax deposit are different Module. Moreover after filing ITR I made a query with the ITO regarding exemption of Transfer grant which should have been allowed at source. They denied it under pretext that no further exemption after filling. In order to see the last payment due appear under SAT head I had submitted a grievance which was not seen till I spoke to the help desk. One reply came with so many tags to file revised IT under section 131 (5). While I visited for re-file, I could see the interest amount along with an increased taxable income thus returned back. Now my questions are: 1. How the taxable income would vary when a letter under 143 is issued with a demand? 2. If I am to re-submit the ITR under Sec 131 (5) can I restrict the taxable income to the earlier one? 3. Can they alter the taxable income when Sec 143 is invoked? 4. Finally, should I conform to the query or wait till they make their earlier demand set right. Sir I had filled it by myself without the help of a professional. Your opinion would be mostly an antidote against the IT virus that has made me upset. Eagerly awaiting your reply.
Ans: Thank you so much for your compliment. Looking at your facts, I wish you could have got professional advice on 1st August itself. My views on your queries are as follows:

  1. I understand you are using online feature of filing Income Tax Return at www.incometax.gov.in wherein data is prefilled based on information reported by different persons (like employer for salary, bank for interest income, company for dividend income, TDS deductor for TDS deducted and amount of income credited, etc.). In your case, it might be possible that reportable entity has revised its data for reporting to income tax department and accordingly amount appearing in intimation issued u/s 143(1) differs from amount auto populated while filing income tax return u/s 139(5) of Income Tax Act using online feature.
  1. It is not advisable to restrict auto populated income unless income auto populated at e-filing portal is incorrect. Check AIS for income auto populated at e-filing portal. If income appearing in AIS is incorrect, you can file feedback for AIS and offer actual income to tax while filing return u/s 139(5) of the act which allow tax payer to revise return by rectifying mistakes.
  1. Yes, income tax provides updated figure at portal even if intimation is issued u/s 143(1) of the Act, as revised figures is provided by the payer of income or person authorised as reportable entity.  
  1. I understand you are talking about self-assessment tax paid by you and not auto populated in relevant schedule of ITR. Reason for the same can be wrong selection of year or code while making payment or while uploading challan details by the bank. Please check 26AS for self-assessment tax paid, if the same is not appearing in 26AS of AY 2022-23, you have to discuss said issue with Jurisdictional officer.

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Sanjeev

Sanjeev Govila  |458 Answers  |Ask -

Financial Planner - Answered on Sep 20, 2023

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Dear Sir I have filled ITR and there is refund 15003 I filled ITR on 02 July and did not E-verified due to Pan Card Blocked by Govt so after file ITR i sent its signed copy to Bangalore on 3 July that showing verified on 10 Aug and i Have paid 1000 on 12 Aug to link pan card and Aadhar card and got linked then i received mail on 12 Aug evening to E-verify return but there was no option to E-verify return . today is 09-08-2023 but we have not received refund yet Please suggest right process 2-3 days back i have complained in grievance of ITR .Please suggest right process . status on Dashboard showing Return Filed on 2 july and Return verified on 10 July only .....
Ans: ITRs can be filed without having the Aadhar-PAN link completed; however, such ITR filings would render the user ineligible to avail refunds and interest on such tax refunds till the time PAN is linked with Aadhar.
• After e-filing your return, you must verify it. Your return filing process is not complete unless you do so.
• The timeline for e-verification of returns filed after 1st August 2022 is 30 days from the date of submitting the return.
• As per the IT department, if the ITR filed is verified (electronically or by sending ITR-V to ITD) before the time limit of 30 days, then the date on which the return was filed will be considered as the date of furnishing ITR.
• In the offline verification case, the speed post-dispatch date of the duly verified ITR-V will be taken into account to determine the 30-day period starting from the day the income tax return was electronically transmitted.
As per the data provided by you, your return has been verified within the timeline of 30 days. Normally, it takes 20-45 days for the refund to reach you after filing and verifying your ITR but your Aadhar and PAN got linked on 12th August. The delay in refund is due to it.

We suggest you wait for some more time and regularly check the “My Pending Action option” in your income tax account portal.

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Nayagam P

Nayagam P P  |2563 Answers  |Ask -

Career Counsellor - Answered on Jul 27, 2024

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Sir my self krishna sir can't able focus on studies properly plz give some tips to study for more hours for jee
Ans: Krishna, adhere to the following Strategies/Tips/Steps:

(1) Whenever you study at home, study for 45-minutes. Then take a break of 10-minutes when you can move away from your study table, walk, have some water & relax. If you continue studying beyond 45-minutes, your concentration power will go down, resulting to low output. Most students commit this mistake.
(2) On daily basis (morning or evening whichever will be convenient to you), do yoga or meditation or physical exercises or play any games / sports for at least 30-45 minutes. This will further reduce your stress / distractions.
(3) Study tough topics / tough subjects (applicable to you) early morning with your fresh mind.
(4) Eat a lot of green vegetables / fruits which you can afford for & Avoid soft drinks/junk foods
(5) Every day night, before going to bed, revise whatever you have studied during the day.
(6) Also, revise every week whatever you have covered till date (here your short-notes which you should prepare will be helpful).
(7) Keep practising questions on topics which you have covered either offline or online
(8) Give utmost importance to wrongly answered / difficult / complicated / tough questions and have a separate note-book specially for this for each subject (PCM)
(9) You might be aware that JEE rank is allotted on the basis of highest score in Maths, followed by Physics & Chemistry. Practice more and more in Maths, till you reach Speed & Accuracy

(10) By December-January, attempt fully syllabus online test series, evaluate and analyse your performance such as,

(a) which topic / unit / concept you are weak which needs your revision and improvement as this will disturb you when you appear in actual JEE exam
(b) abnormal time taken to attempt any question which you can come to know from Online Test Series which you should reduce
(c) which questions you skipped and why?

(11) Please AVOID studying under pressure that you should get admission only into IITs/ NITs. Never advisable. Any one can be successful, even if he / she studies in NON-IIT / NON-NIT Colleges also.

(12) Have Plan B & Plan C for other Colleges Entrance Exams / Disciplines-Streams.
(13) Avoid comparing yourself with other students.

(14) Also, it is highly ideal to appear in / attempt\minimum 5-7 Entrance Exams (for both Govt & Private Engineering Colleges). You will have a lot of options (easiest method) to choose the best and most suitable one, keeping in view a lot of factors such as, College | Location | Your Interest | Stream Preference | Placement Records | College Culture | Your Short & Long Term Goals | Pressure You Can Go Through | Your AIR & Job Market Condition when you apply for your BTech & Even after.

I hope I have answered to your question with value additions. All the BEST for your Bright Future.

To know more on ‘ Careers | Education | Jobs’, ask / Follow Us here in RediffGURUS.

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DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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