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Mihir Tanna |1069 Answers |Ask -Follow

Tax Expert - Answered on Jan 28, 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

Question by JAMES on Jan 16, 2024Hindi

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I had filed an Appeal against an order of I.Tax levying on me heavy tax by improper addition to my income in the year 2018, thereafter I applied in Direct Tax Vivad se Vishwas scheme but could not pay due to financial crisis, what shall be the status of my appeal?

Ans: As you must be aware that application was required to be filed in Form 1 along with declaration in Form 2. Designated authority within 15 days determine the amount payable and intimated the same in Form 3. Taxpayer pay amount, withdraw the appeal and submit the proof of both in Form 4.

I understand that you have not filed Form 4. If you have not withdraw the appeal, you can check the status of appeal online and if order is not passed by CIT(A); you can file necessary submission supporting your grounds of appeal.

Asked on - Jan 28, 2024 | Answered on Feb 24, 2024

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The appeal was not withdrawn by me, also after the deadline for payment of tax under the VSVS scheme expired and my not filing of Form no -4 I was asked to pay the minimum required amount of 20% of assessed tax amount for continuing the appeal, I was given a hearing on 14/12/2023 ending on 20/12/2023. I applied an online adjournment of hearing on 20/12/2023 and was successfully accepted. I received an order dated 21/12/2023 stating the Appeal has become infructuous as Form no. 3 has already been issued to me u/s. 4(2) of DTVSVS Act 2020 and my appeal therefore is deemed withdrawn u/s 4(2). Kindly, advise me in view of the fact that I have not made any payment nor filed any Form -4 under VSVS nor any application for withdrawal of appeal was made by me.

Ans: Department took similar view in IN THE CASE OF M/s. LIFECELL INTERNATIONAL PRIVATE LIMITED. However, order was challenged before Hon'ble Mumbai ITAT (ITA NO. 3334/CHNY/2019) and case was decided in favor of the taxpayer on the ground that that the moment designated authority issues Form no. 3, pending appeal shall be deemed to have been withdrawn. However, the law is very clear, in as much as in case the declarant violates any of the conditions, then all the proceedings and claims which were withdrawn u/s. 4 and all the consequences under
the Income-tax Act, 1961 against declarant shall be deemed to have been revived.

Thus, take help of some tax consultant who can appear before ITAT and after doing cost benefit analysis (cost of filing and appearing before ITAT Vs expected benefit) you can take decision for further course of action.

Asked on - Feb 27, 2024 | Answered on Feb 29, 2024

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Thank you very much for your precious advice. My consultant had put the matter for Rectification and no order has been received thereafter, should we wait for the Rectification Order or simultaneously file the Appeal with the ITAT.

Ans: Appeal needs to be filed within 60 days of receipt of CIT(A) order and it is already more than 60 days.
Disposal of rectification application may take time. Thus, File appeal with ITAT with condonation application.

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 Tanna |1069 Answers |Ask -Follow

Tax Expert - Answered on Sep 29, 2022

Question by Durga - Sep 29, 2022Hindi

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 1^st August itself. My views on your queries are as follows:

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.

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.

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.

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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Mihir Tanna |1069 Answers |Ask -Follow

Tax Expert - Answered on Oct 20, 2022

Question by Rajendran - Oct 20, 2022Hindi

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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.

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Mihir Tanna |1069 Answers |Ask -Follow

Tax Expert - Answered on Feb 24, 2024

Question by JAMES - Jan 28, 2024Hindi

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