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Hardik

Hardik Parikh  |106 Answers  |Ask -

Tax, Mutual Fund Expert - Answered on Aug 31, 2023

Hardik Parikh is a chartered accountant with over 15 years of experience in taxation, accounting and finance.
He also holds an MBA degree from IIM-Indore.
Hardik, who began his career as an equity research analyst, founded his own advisory firm, Hardik Parikh Associates LLP, which provides a variety of financial services to clients.
He is committed to sharing his knowledge and helping others learn more about finance. He also speaks about valuation at different forums, such as study groups of the Western India Regional Council of Chartered Accountants.... more
Asked by Anonymous - Aug 23, 2023Hindi
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Hi I had used the services of ClearTax to file my tax returns for the financial year 2021-22. ClearTax had appointed a CA to be by point of contact and to file my taxes. Everything was going smooth and they had sent me the final filings (ITR-3) for me to approve and pay off the tax. I paid the tax and gave the go ahead to file my returns. They filed my returns on 31st July2022 and then I noticed by mistake the CA had filled someone else's returns (ITR - 1) with all wrong numbers also using in the old tax regime. I immediately got his attention and he said that it was busy time and by mistake he attached someone else's filings to mine. He immediately corrected the mistake on 2nd August and filed mine with the right details. I asked him multiple times if it will be a problem to which he clearly said nothing to worry. Fast-forward to February 2023 and I got a notice from IT department that since I had submitted my filings in old tax regime as on 31st July I have pay 85K + additional tax. I have taken up to the clear tax team and they are making us run around in circles. Now the latest is the clear tax team has filled a grievance with the AO. My questions is any chance that it will be reversed as along clear tax team has been saying its not our fault don't worry everything will be ok. They are just making us run around. Do you think I will get my money back

Ans: Dear Anonymous,

I understand your concern and the stress that such situations can cause. Mistakes in tax filings can have repercussions, and it's essential to address them promptly.

Regarding the notice from the IT department, the fact that you've received a notice means that the department has identified a discrepancy in your filings. The grievance filed with the Assessing Officer (AO) by ClearTax is a step in the right direction. The AO is responsible for assessing and reassessing income, and they have the authority to rectify any mistakes.

Given that you have evidence of the mistake and its rectification, there's a good chance that the AO will consider your grievance. However, the process might take some time, and there's no guarantee of the outcome. It's essential to keep all communication and documentation related to this issue handy.

As for getting your money back, if the AO acknowledges the mistake and rectifies it, you might be eligible for a refund. However, if the AO determines that the tax is rightfully due, you might have to pay the amount.

I hope this situation gets resolved in your favor soon. Remember, it's essential to stay proactive and keep pushing for a resolution.

Warm regards.
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  |819 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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