Case Law Details
Case Name : Court on Its Motion Petitioner Vs Commissioner of Income Tax (Delhi High Court)
Related Assessment Year :
Courts :
All High Courts Delhi High Court
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CA Anand Parkash, FCA, addressed a letter dated 30.4.2012 to Delhi High Court in which he set out the numerous difficulties faced by Income Tax assessees country wide due to the faulty processing of the Income Tax Returns and the TDS deducted at source and request that certain directions be issued by this Hon’ble Court so that lakhs of tax payers are saved from the harassment in filing revised returns/rectification petitions every year.
The High Court took judicial notice of the letter, converted it into a public in
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Thanks to Mr. Anand Prakash who have initiated this type of burning problem facing by the assessee. I am in a small village. Many of those serving in Army fighting the terrorists in Trouble prone areas and Navy (Submarine Wing), from my village have suffered. Mostly they are not even aware of what to do.Their Commanding Officers are also not helpful. I have come across a case of a Naik (Corporal) for whom Rs.49,970/- has been deducted as TDS from Salary of Rs.2,93,000/-. Will he fight the terrorist or run finding a Tax Return Filer or Auditor? ITD is least helpful.
26-12-2014
Treat inefficiency or negligence as a crime and punish them under Indian Penal Code.
I can suggest working solutions to complete solve this issue.
But people do read and forget. Hence the result will be zero.
Respond to me if you want to be pro active and get the result.
Dear all ,
The route cause of all these problem is ITD itself . They had computerasied their DSCR records and instructed to upload all the demands raised , to computerised system and as usually happens Govt machinery without any verification and application of mind uploads all demand ( Legal and illegal) including those which was already rectified several years back by Assessing officers . Still despite all efforts and High court order nothing had changed . Dept. does not give credit of TDS not shown in 26AS , CPC does not giving any opportunity to assesee and my experience shows that they r totally inefficient as far as TDS and Itax Matter is concerned . Still ITD is in practice to adjust unlawful demand raised and which is not in the knowledge of the assessee and more than 6-7 or even older then that with the refund claimed with out giving any opportunity of being heared .
Govt should educate their staff and make them accountable for their mistake only then we can expect some respite from this problem .
Very True, the genuine difficulty faced by Assesses. Needs to be resolved on priority basis.
What is the remedy available to taxpayer if he has already got the FY assessed but now due to CPC/Traces he has to do online corrections ? What if the deptt even
does not help in giving him Consolildated File for making corrections ?
Please also inform for how many years they can keep the demand open ?
Like for example FY 2007-08 got assessed & demand issued in 2010-11, but now
again in 2014-15 , from Traces , we are getting demand ! Please reply ?
harassment harassment and only harassment
Cant some expert answer this query d/d 5th Feb 2013(1125 PM) of Suresh Patil?AND, what has happened further on this Court Case ?
I had seen some time back a circular or notification from IT department to their officers that prior to assessment year 2010-11, If some entries in form 16/16A are not matching with 26AS but others are matching, refund can be given though all entries do not appear in FORM26AS. If the experts know about such step taken by IT department and publish the details, at least for cases prior to 2010-11, tax payer can request the concerned assessment officer to process tax refund.
ITR V, submitted for the Assessment year 2009-10 , not found in the data base of CPC, Banglore inspite of repeated letters to them & refund not yet processed.
In previous ASST. Years & current ASST.Year they are processing the ITR V filed by us. What to do, any suggestion or legal process are invited.Please cooperate us to find out solution.
Pramod Basotia M.No 9811056353
Any update on this matter yet? If anyone knows of the directives given by the Court, please publish here.
Here is a great initiative by CA Anand Prakash in the true spirit of service to community. The court also deserves great appreciation for having taken this action. If only CBDT and other authorities involved in Tax matters had developed a habit of seeing innumerable cases like these being raised in TAXGURU,caclubindia,moneycontrol etc etc ,day in and day out, and acted right in earnest in providing systemic corrections, they would have earned great respect from the tax-paying public. Alas,it is not to be. It would now be seen as just a routine reactive action by them on court’s prodding.( Nobody expects any proactive /innovative actions from govt bodies/functioneries these days). Regular updates on this case will be highly appreciated.
The court has hit the nail on the head of inefficient CPC processing system. It should direct the local assessing officers to pass rectification orders and give relief to the assessee instead of the faceless CPC
Thanks to Mr. Anand Prakash who have initiated this type of burning problem facing by the assessee. Direction of the HC will be really helpful to all assessee.
I am happy and hope that Hon’ble Court will pass justifiable orders to get out from harassment by Income Tax.
Thanks to Mr. Anand Prakash who have initiated this type of burning problem facing by the assessee. Direction of the HC will be really helpful to all assessee.
Excellent directions. The court has hit the nail on the head of inefficient CPC processing system. It should direct the local assessing officers to pass rectification orders and give relief to the assessee instead of the faceless CPC
Yes. I agree with the circumstances pleaded in the petition. Even I was willing to do so and got this benefit so moto. I am happy and hope that Hon’ble Court will pass justifiable orders to get out from harassment by Income Tax.
I would like to add the following:
1. Where is the “opportunity of being heard”; as the CPC does not respond except for online rectification, where the mistake is of technical nature and cannot be solved using the software used by them to process. Also, the response is of generic nature and does not inform at all the reason for rejection, demand, interest, etc.
2. There have been several instances where I have applied for online rectification 3 times but the CPC is not able to solve the matter. I would like to know what is the procedure for transfer of cases to the jurisdictional AO, as CPC does not communicate, the errors can be easily solved through jurisdictional AO.