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Mihir Tanna |1069 Answers |Ask -Follow

Tax Expert - Answered on Jul 21, 2023

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 Devendra on Jul 20, 2023Hindi

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How to address change in gross income given by employer on Form 16

Ans: Address provided in Form 16 is through Form 24Q (TDS return) filed by employer. Thus, if employer change address in Form 24Q, revised address can appear in Form 16.

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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Financial Planner - Answered on Jul 27, 2022

Question by Hrishikesh - Jul 27, 2022Hindi

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Appreciate the work you are doing for non-finance background people (like me). I have a question related to income tax if you could help resolve it. I filed IT return before 31st Dec and observed the Form 16 provided by the employer is incomplete. Basically, our organisation went through a legal entity change last year, so ideally we should have got two Form 16s: One for the previous entity and another for the new entity. During filing the return, only new Form 16 was considered by mistake and I have a previous entity Form 16 in hand now but after filing the returns how do I correct my IT returns? Again, thank you in advance for all help.

Ans: You can rectify errors made in income tax filing even after you finish filing under section 139 (5) and you can do refiling. This revised return can be filed before three months prior to the end of the relevant assessment year or before the completion of the assessment. So, the last date for you to to file a revised return using both the form 16 for FY 2021-22 (AY 2022-23) is December 31, 2022, for ITR filed for FY 2021-22.

When you do re-filing, you are supposed to select the option ' Revised u/s 139(5)' in the 'return filed under' column. The ITR form will additionally ask you for details of the original ITR, i.e., receipt number and date of filing of original ITR.

Since you have 2 Form 16s, after uploading the first Form 16, you need to click on ‘upload another Form 16’ and submit so that both Form 16s gets uploaded.

I must highlight that normally when you have 2 Form 16s there would be additional tax payable due to double count of various exemption limits and deductions in each Form 16. You would end up paying interest on the additional tax as well.

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Anil Rego | Answer |Ask -Follow

Financial Planner - Answered on Dec 15, 2021

Question by Amiya - Dec 15, 2021Hindi

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I am a service holder and receive a monthly salary from my employer. In FY 2020-2021, the payment of salary was irregular. Till date, I have received salary for 11 months. The salary last received was on 13.08.2021 for the month of January and February 2021. Taxes were deducted at source before payment. Tax deducted for nine months (April 20 to December 20) were duly deposited and reflected in Form 26AS and Part A of the Provisional Form 16. Taxes were deducted from the salary of January and February 2021 but not yet visible in 26AS or Part A (provisional) of Form 16. In the meantime, Part B of Form 16 for the year 2021-22 AY, last updated on July 23, 2021, has been officially handed over to me by the employer which shows 'Salary as per provision contained in section 17(i); as salary for 12 months. Other figures in that statement including tax calculation are based on 12 months' salary. I sought clarification in this regard from my employer but nothing is informed. Under the circumstances, can you kindly advise whether my I-T return for FY 2020-2021 (2021-2022 AY) is to be submitted based on nine months's pay, 11 months's pay or 12 months's pay.

Ans: In a financial year the following are taxable under salary:

Amount received as salary in FY
Amount due as salary in FY, whether received or not
Any arrears of salary received (if not taxed in previous FY)

If the TDS is not confirmed in 26AS, that means the employer has deducted taxes while paying you the salary but has not deposited the same with the I-T department.

You need to keep your salary slips, bank statements and Form 16 carefully and submit it as proof, if required.

You can continue to pursue your employer for payment of the additional month's salary that has not been received by you.

Ideally, you can file returns for 12 months, as per the Form 16 provided to you.

Finally, if your issue is not resolved and your 26AS continues to not show the TDS, you can write a detailed mail with backups to the assessing officer and keep it as proof.

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