Case Law Details
Case Name : Court on Its Own Motion Vs Commissioner of Income-tax (Delhi High Court)
Related Assessment Year :
Courts :
All High Courts Delhi High Court
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HIGH COURT OF DELHI
Court on Its Own Motion
v.
Commissioner of Income-tax
W.P.(C) No. 2659 OF 2012
AUGUST 31, 2012
ORDER
1. We have examined the counter affidavit filed by the Revenue/Income Tax Department. In the counter affidavit it has been acknowledged and accepted that the tax payers are facing difficulties in receiving credit of Tax Deducted at Source (TDS for short). It is also accepted that tax payers are facing difficulties in getting refunds on account of adjustment towards arrears.
2. In the counter affidavit steps taken by the Revenue to eliminate and rectify the p...
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My PAN is AHUPD4963G In ITR for 2011-12 credit of Rs 17404 in 26as ignored &treated as arrear and after applying penal interest adjusted against the refund due in AY2013-14 Despite written complaints and personal visits to the ward the refund due along with interest still remains unpaid
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I am a retired airforce officer,drawing pension and the bank is deducting TDS
but not crediting the same to the IT dept,the deduction is reflected in my sb a/c,and shown on form 16,inspite of paying the tax the cpc sends a demand note for payement of tax,the HC holds the banks responsible ,but the individual has to face the recovery notices of CPC,herein a law abiding citizen my pan no is AAAPT0971F, the powers that be in CPC may please correct the anomaly
I too landed up in a similar scenario, wherein I have received demands raised thru an intimation u/s 245 for three earlier years! I wonder, when I was paying taxes diligently during those years, with one-to-one match and the TDS being done without my control, these morons were sleeping and not sending demands against any discrepancy then!! Its incredibly lack of professionalism and I guess a scam under surfacing without any accountability of the return expected by assesses! The irony is my wife received a refund when her expected amt was 25,000 but for me (expected amount being 56,000) the status is: “the return is being adjusted against demands raised for three previous years!”
I got the demand request fro the yer 2008 . but i hav paid clear tax and retruns. in 2012 i requested fro refund and IT department is demanding double the amount of refund when all the tax have been paid…dont know whom to approach how to correct their mistake, planning to put a civil case on IT department for being misleading and demanding
INCOME TAX DEPARTMENT IS DENYING THE RIGHTS OF A CIVILIAN, INSTEAD RECOVER THE TDS AMOUNT DUE FOR REFUND TOWARDS ARREARS. FURTHER DEDUCTEES SHOULD BE PENALIZED FOR FILING OF INCORRECT RETURN.
Let us hope that the IT Department gives due share of the refunds eligible to the assessees..
The rectification applications are pending,in spite of several reminders, raising unnecessary demands. There is no control on disposal of application. Time limit must be strictly followed and have control of higher authorities. For same separate register may be maintain and orders must be passed in sequence so that the mistaken entries showing wrong out standings can be reduced and department can concentrate for recovery of actual outstanding demands.
Very goods are Judgement as many assessees are similar problem.Directions alone not sufficient.Assessing officials should be penalised for not following Rules though they work for the advantage of the Department/Government,
the judgement as per the law.However the IT dept will never respect the law and will act in the arbitrary and whimsical manner