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Mihir

Mihir Tanna  |799 Answers  |Ask -

Tax Expert - Answered on Oct 20, 2022

Mihir Tanna has more than 10 years of experience in direct taxation, including filing income tax returns.
He regularly represents clients before the income tax authorities including the commissioner of income tax (appeal).... more
Rajendran Question by Rajendran on 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.

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  |799 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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Ans: Thank you for sharing it to me. It sounds like you're facing a challenging situation, and I understand how frustrating it can be to navigate the job market, especially in the current economic climate. Here are some insights and strategies to help you cope with these challenges:

Despite facing setbacks and rejections, it's essential to remain persistent and resilient in your job search. Keep applying to relevant positions, refining your resume and cover letter, and reach out your professionals network in your industry and consider broadening your job search criteria to include a wider range of industries, roles, and locations to help yourself. Invest your time in continuous learning and skill development to enhance your qualifications and make yourself more competitive in the job market by pursuing certifications, online courses, or workshops relevant to your field to stay updated with industry trends and requirements. Try to attend industry events, join professional associations, and leverage online networking platforms like LinkedIn to expand your professional network and access potential job leads. Despite the challenges you're facing, try to maintain a positive mindset and focus on the aspects of your job search that you can control. Keep practicing self-care, stay motivated, and celebrate small victories along the way to stay resilient in the face of adversity.

Always remember that setbacks and challenges are a natural part of the growth process, and it's essential to persevere and adapt your approach based on your experiences. Stay proactive, keep learning and searching better jobs, and trust that your efforts will eventually lead to success. Best of luck! Feel free to contact me on Rediff Gurus if you need further assistance or help.
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Ans: It's reasonable to feel dissatisfied with your current job and to aspire for more. Considering your age, career stage, and goals, here are some considerations and potential paths you could explore:

Pursuing an MBA can be a valuable option if you're seeking to advance your career, switch industries, or develop managerial and business skills. Many MBA programs welcome candidates from diverse backgrounds, including those with experience in public sector organizations. If you're interested in a career in civil services and have a passion for public administration, policy-making, and governance, preparing for the UPSC exam could be a viable option. Keep in mind that UPSC preparation requires dedication, perseverance, and thorough understanding of current affairs and the Indian administrative system. Learning coding and acquiring technical skills can open up opportunities in the rapidly growing field of technology as well. If you have innovative ideas and a strong desire to create your own path, entrepreneurship could be worth exploring. Starting your own business or venture allows you to pursue your passions, take control of your career, and potentially achieve financial independence. However, entrepreneurship also involves risks and uncertainties, so it's crucial to conduct thorough market research, develop a solid business plan, and be prepared for challenges along the way. Regardless of your career path, prioritizing financial planning and investments can help you work towards your goal of retiring early. Consider consulting with a financial advisor to create a personalized financial plan, explore investment opportunities, and establish a savings strategy that aligns with your income, expenses, and retirement goals. Finally, focus on personal development and self-discovery to clarify your values, interests, and priorities. Reflect on what truly motivates and fulfills you, and explore ways to incorporate those elements into your career and lifestyle choices.

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Hallo Sir, Myself Sanjay Agarwal. My daughter pursued her M.Sc. (physics) from Delhi University in 2010–11. But could not clear it and got back papers in two subjects. She joined the service as a teacher (TGT) in a reputed 10+2 school and, after that, got married. As she is also teaching the 11 and 12 standards (supposed to be taught by PGT) and the results of her students are extremely good, now she wants to complete her PG in Physics so that she may be allotted the class as PGT. Her school is also suggesting this to her, and they are ready to provide the necessary permissions for that. Please suggest that after 10–12 years of back papers in DU, is it possible to clear those back papers now? Or may you suggest alternatives so that she may complete her M.Sc. in Physics?
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Ans: Thank you for getting in touch with me. Choosing between a Bachelor of Computer Applications (BCA) and a Bachelor of Laws (LLB) degree can be a significant decision that depends on various factors including your interests, skills, career goals, and personal preferences. Here are some pros and cons of both degrees to help you make an informed decision:

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How to apply for internship in Rosell techsys pvt ltd
Ans: Happy to hear from you! To apply for an internship at Rosell Techsys, you can follow these instructions mentioned below:

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