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T S Khurana

T S Khurana   |496 Answers  |Ask -

Tax Expert - Answered on Oct 26, 2024

A certified management accountant since 1993, T S Khurana is a fellow member of The Institute of Cost Accountants of India. His areas of expertise are income tax, specifically litigation cases, and GST.

Since the last 21 years, he has also been providing expert advice on financial matters, including investments and diversification of funds, and wealth building in the long term to his clients.
He believes that investment in real estate is the safest way for better returns and wealth generation over a period of time.

A former chairman of the Chandigarh Chapter of Institute of Cost Accountants of India, T S Khurana has also served as member of its technical committee.... more
Asked by Anonymous - Oct 23, 2024Hindi
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Can a officer assigned in faceless scrutiny in income tax contact thru his means for favour

Ans: Normally not. If he does so, it would be an illegal act.
Most welcome for any further clarifications. Thanks.
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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Anil

Anil Rego  | Answer  |Ask -

Financial Planner - Answered on Mar 18, 2021

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I am regular reader of your views. It helps to understand various rules and obligations of a tax payer. Now I have come across a peculiar situation. Father of a son, a trekker, went missing during one of his expeditions in Himachal Pradesh. His wife flew to the last known place from where he called her. At that place police station, after detailed discussion, newspaper reports, and enquiries a complaint was registered. Subsequently vast searches were done including aerial search by army, ITBP, Air Force personnel. He could not be traced. Police has confirmed that they could not locate but continue to search; two years lapsed already. Query: In the past two years, various fixed deposits in joint names, either or survivor, have all been encashed by father on maturity. Father, a sr. citizen, and also tax assessee 30% slab, has paid all taxes against his own income and filed his return against his own PAN no. But for his son, in line with his (son's) 26AS report, the income tax is paid against his (son's) PAN for the last two years. A refund is also due in one year. But ITR 2 could not be uploaded against son's PAN since OTP will be received in his (son's) mobile which is not available. Father cannot sign as representative as no confirmed report of the failure of searches is available at the moment. Son's wife, in 30% slab, has filed her return for her income. No will or POA, or any written authorisation is available. Please suggest how to proceed.
Ans: Father or spouse can look to register with the income tax department to act as a representative.

The listed circumstances include for a deceased person, mentally incapacitated, etc.

You can look to do so under 'Any other reason'.

You would need to provide the requisite proofs including copy of the FIR and any other such backup documentation.

I would believe that the department would consider your request favorably because you are only making an attempt to comply with regulation.

Once the person is approved as a representative, one can file the returns of the missing person.

You can reach the income tax department through their customer care numbers or the PRO at their offices.

In absence of you getting an approval, do keep all the backups of communication and attempts made and continue to pay the taxes and maintain the computation of income for future reference.

This would be a practical approach to take.

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Mihir

Mihir Tanna  |1068 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.

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Mihir

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Tax Expert - Answered on May 08, 2024

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