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Mihir

Mihir Tanna  |831 Answers  |Ask -

Tax Expert - Answered on May 08, 2024

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
Raja Question by Raja on Jan 11, 2024Hindi
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Sir I am Government Servant. My income falls under the IT ceiling and I am paying income tax for last 20 years through my employer as TDS. Recently I received a mail from IT Department regarding outstanding Tax demand for FY 2011-12. On verification of Form26AS downloaded from TRACES, it is observed that my TDS amount is Nil whereas my Form16 clearly show that the TDS amount has been debited from Salary. The consultant who deals with the filing of return advise that I have to pay the demand. Because if he proceed for data correction in 2011-12, the employer will be in problem as there will be several corrections. I cant understand his stand. This is not only my problem. I came to understand that several other employees received similar demands for the periods 2008 to 2012. Please advise

Ans: You can file application with jurisdiction officer along with copy of ITR and Form 16.

If it is not possible for you to file application with officer, you can file grievance at income tax portal stating the fact that TDS is deducted and you have form 16. They will contact employer (TDS deductor) and once deductor file correction statement with correct PAN, amount of your income and TDS (along with applicable taxes); you will get the credit of TDS. However, employer will be liable for pay interest and penalty, if any.

If response is not received, you can send mail to taxdemand at the rate cpc.incometax.gov.in along with supporting documents.
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  |831 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.

..Read more

Mihir

Mihir Tanna  |831 Answers  |Ask -

Tax Expert - Answered on Oct 20, 2022

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Please provide correct advice in the following situation. We filed ROI for AY 2019-20 on 30-10-2019 and paid a tax amount of Rs 1,20,03,465/- under section 115JB. Above return was processed u/s 143 (1) by intimation dated 19-05-2020. The Company has deposited Advance tax of Rs. 40, 00,000/- and ITR -6 for AY 2019-20 was filed under Section 139 on 30-10-2019 to obviate any violation in Tax compliance including the TDS claim of Rs. 87,29,484/-. In the Intimation order the assessing officer had accepted the income and other claims of the Appellant but had demanded Rs 97,85,148/- as balance tax and interest. During the Assessment Year relevant to Previous Year 2018-19, the land under the ownership of the Assessee has been taken over by the Government for Guruvayur Dewaswam (GD). LA compensation of Rs.38565360/- (on 5- 2-2018), Rs.4,00,00,000/- (on 4-2-2019), and Rs.48,28,009/- on19-11-2020 were paid to the Petitioner Company. Deductor, GD did not deposit the TDS to government in relevant years, this resulted in the demand of Rs. 97,85,148/- on Company towards balance tax and interest in the intimation u/s 143 (1) dated 19-05-2020. GD deposited Rs.95,02,088 /- towards TDS and Rs.21, 25,421 /-towards TDS and interest on 30-1-2021 and filed TDS return for the Assessment Year 2021-22. (not AY 2019-20). Deductor is delaying filing revised TDS return in spite of many requests even by Income tax authorities. Can the Income tax department seek to recover Income tax with fine from Company for AY 2019-20, on mere fact that Petitioner could not account for deposit of such tax (TDS) (Rs.87,29,484/-, only because the deductor, after paying the compensation to Petitioner in relevant year, did not deposit TDS to government revenue? Should the assessee suffer for the fault of the deductor? We understand There is a bar under Section 205 and circular of CBDT in this matter.
Ans: If TDS is deducted and there was delay in depositing TDS, said TDS amount cannot be recovered from deductee. There are some judicial pronouncements for the same which provides relief to taxpayer (deductee). But in given case, I understand that it is not case of delay but amount credited in different year.

In such a case, you can request to jurisdictional officer to provide credit of TDS in the year in which income is offered to tax though TDS is appearing in 26AS of subsequent year and it can be subject to litigation.

..Read more

Latest Questions
Archana

Archana Deshpande  |37 Answers  |Ask -

Image Coach, Soft Skills Trainer - Answered on May 19, 2024

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I have completed my B.E in Mechanical in 2021. But jobless till now due to many factors such as following: 1)Due to family issues 2)Low Salary packages inspite of longer distance travelling to office 3) Slow growth in the establishment 4) preparing for govt jobs No I am fed up with all above things... What to do ?
Ans: Hi!!
Syed, you are asking me what to do, here are my suggestions-
1. have clear goals with respect to your job
2. you have listed so may reasons for not taking up a job, now find a few reasons to take a job - your self respect, your own money to spend are some I can think of
3. it's very easy to quit a job, find reasons to stay
4. invest in your physical and mental well being, a clam and collected mind will take better decisions
5. I really won't say slow growth in an organisation, if I had finished engineering in 2021 and it is middle of 2024 now
6. preparing for Govt Jobs is a good idea, look into doing this thing well if you are really serious about it
7. give your 100% in everything you do Syed!! Let there be energy, enthusiasm and excitement in your search for a job, it's your life, take charge of it and see how you want it to unfold. Do all that which is in your control
8.you get fed up when you don't see progress and not celebrate your wins however small they may be! Every step you take towards your goal, pat yourself on the back, be your greatest cheer leader
9.do not compare yourself with others, compare only if you feel inspired
10. focus on your well being and happiness
11. take up a job and do well there, it is better to do a job than to sit idle or
12. look to upskill in an area you want to work, look for job oriented courses
13. seek help if need be

All the very best!!

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Archana

Archana Deshpande  |37 Answers  |Ask -

Image Coach, Soft Skills Trainer - Answered on May 19, 2024

Asked by Anonymous - Apr 17, 2024Hindi
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Hi, I have worked in reputed corporate company for 3 years as Data Integration Analyst and due to burnout I took a break for 1 year 2 Months. Now I want to get back to IT, however I am not getting sufficient call backs from HR. I would like to know do I have chance to get into IT again with this gap? kindly help
Ans: Hi!!
Congratulations on taking a break because you felt exhausted and recognised a need for a break! You prioritized your well being, good. Not many have the courage to do this and the support system that allows them to do this. Count your blessings!!

I am splitting my answer into two parts..

Part A: Ask yourself - "why did this burnout happen?", write them down, analyse and ensure it doesn't happen again.

Part B: Tell yourself - "1 and a 1/2 years break is a very small gap in a lifetime". I would have loved to know how you utilized and spent this 1 and a half years. This is for everyone who is taking a break, take a break but use your time wisely to learn a skill, volunteer, travel... it has to be action oriented and not just sleeping and wasting your time, do all those things that you could not do because of your job! When on a break focus on your physical, mental, emotional and spiritual areas of your life. Let the blossom.

If you want to stick to IT industry then keep looking, you'll find what you want. Ask for help from seniors and people you know to get you back into the job market. Ask and don't be afraid of hearing a NO, don't take a "no" personally. Ask and you shall seek. Meanwhile keep learning skills to up your prospects in whatever areas you want to work.

All the best!!

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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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