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• The Assessee has filed physical return for AY 2008-09 on 29-Mar-2010 with Total Income of Rs. 77,420 claiming a refund of TDS of Rs. 43,863. • The ITO has issued an intimation u/s 143(1) dated 07-Mar-2011 with assessed income of Rs. 77,415. However, he has levied interest u/s 234B of Rs 47,380 and therefore has calculated the net amount payable as Rs. 3,517. • My major worry is that we have received the physical copy of the intimation u/s 143(1) hand delivered at our address without an envelope on 25-Feb-2014. Whereas the backpage of the intimation states that we need to file rectification application within 30 days. • The minimum exemption limit for YA 2008-09 was Rs. 1,45,000. Hence, the AO has wrongly levied interest u/s 234B since there is no tax liability at all. • All the IT returns from AY 2009-10 and onwards have been e-filed. The AO has adjusted this tax demand against the refund payable for AY 09-10 & AY 10-11. • My questions are as under: 1. In my view, the AO has wrongly levied the tax . How should I proceed to recover my TDS of Rs. 43,863 alongwith interest for all these years since the AO has made a gross mistake in assessment and has wrongly levied the tax? 2. I do not have any proof of date of communication of the letter since it was hand delivered without an envelope (usually IT dept sends via post in an envelope). How can I prove the date of receipt of intimation? 3. Would my application for rectification be time-barred? Please help and prove a suitable format for letter to be submitted to the AO for claiming the refund. Thanks in advance. |
