Resolution sought for problems being faced in the newly launched Income Tax portal/Request to resolve the problems & hardships faced by the Common Tax Payers for various compliance under Income Tax Act, 1961.

TAX ADVOCATES’ ASSOCIATION OF BENGAL

61A, A. J. C. Bose Road, Kolkata – 700 016
Phone : (033) 2226 – 6064 / 2227 – 7402
E-mail ID : [email protected]

DATE: 6th September 2021

To, Hon’ble Smt. Nirmala Sitharaman ji
Union Minister of Finance
Ministry of Finance,
Govt. of India
North Block, New Delhi

Subject: Resolution sought for problems being faced in the newly launched Income Tax portal/Request to resolve the problems & hardships faced by the Common Tax Payers for various compliance under Income Tax Act, 1961.

Respected Madam,

The Income Tax Department launched its new e-filing Portal on June 7, 2021 which was expected to make every compliance procedure much easier, faster and most importantly a hassle free platform as it was earlier since the inception & foundation of the historic “Income Tax Portal“. However, due to improper Functioning of the new portal, the interactive meeting was held by the senior Finance Ministry officials with the Infosys on June 22, 2021 to discuss technical glitches and grievances in the recently launched Income Tax E-filing portal. Stakeholders including ICAI member, auditors, consultants and taxpayers were part of that interactive meeting.

Hand holding a puzzle written INCOME TAX

After the above meeting also, glitches in the new e-filing portal has been continued till date.

A meeting was again held by you and your officials with the Infosys on August 23, 2021 conveying the deep disappointment and concerns of the Government and the taxpayers about the continuing glitches in the c-filing portal of the Income Tax Department. Infosys is given with the deadline of 15′ September, 2021 to resolve the issues faced by taxpayers on current functionalities so that taxpayers and professionals can work seamlessly on the portal.

Some of the glitches already been brought to your notice prior to 23rd August 2021, are as under:

i. New Tax Payers are not able register themselves in the portal.

ii. To register any taxpayer on the e-filing portal, it is required to e-verifi, the taxpayer using an OTP which is sent on taxpayer’s mobile number and email id. In case, if the registration of a Non-Resident (NR) is to be carried out, the OTP for the mobile number is _not_re_ceived on overseas numbers, this becomes a major issue when a NR is in a possession of overseas number only.

iii. While opting for Pre-filled data, details of Salary figures, other sources figures and details from 26AS are not getting auto populated with correct data. Some data is not being auto populated in pre-filled data.

iv. Tax payers are facing validation, e-verification and submission issue while filing ITR and other Forms. Some time there is error like submission failed and some times the portal shows error in TDS details, challan details, bank details and DSC error.

v. JSON utility if it is saved from the ITR which has errors thrown up at the time of validation (For ex: Bank pre-validation wasn’t done at that point in time), will show error while uploading at a later point in a time, when for instance the validation is complete.

vi. The option for filing rectification u/s 154 is also not available on the new portal and it is a serious worry because time limit to file the rectification u/s 154 will become barred by limitation of time.

vii. While taxpayers are trying to file responses against notices issued u/s 148, a common error thrown up is ‘something went wrong’.

viii. If companies opt for New Tax Regime u/s 115BAA, MAT provisions u/s 115JB should not be applicable to such companies. However, the new portal is computing MAT irrespective of companies exercising the option u/s 115BAA.

ix. After generating instant E-PAN, the same could not be downloaded from the new portal.

x. Closure orders of Assessment Proceedings (appearing under Services — e-proceedings) cannot be downloaded due to system issues.

xi. The basic details like DIN, PAN, address of the taxpayer is not auto populated when the taxpayers are trying to pay off the outstanding demand through the portal directly.

xii. Notices are issued and DIN is also generated but taxpayers are not able to download them as data is not available on the portal, same is the case with closure orders as well which are been issued by the tax department on account of completion of various proceedings but the same are not available on portal to download for taxpayers.

xiii. The functionality to carry out trust registration (new or renewal) is now available on the portal, however, Form 10A is not functioning appropriately.

xiv. The trail of replies given by the taxpayers in response to, departmental notices, issued earlier are not available on the new portal. Taxpayers do not keep a complete track of submissions made and assessment orders issued by the tax authorities as it was easily available on the legacy portal and therefore, it should be made available on the new portal as well.

xv. We are not able to register the DSC on the new portal as the specific certificate does not appear in the drop down.

xvi. In this respect, we would like to mention some issues being faced by the tax payers which have not been enlightened yet. The problem in new portal being faced by the tax payer is varying from person to person.

xvii. Say there are 5 persons in a group- A Ltd, B Ltd, an individual C and D, and HUF A problem being faced by A Ltd is not being faced by B Ltd, C, D and E whereas a problem being faced by B Ltd, C and D is not being faced by A Ltd and HUF E. Hence, the problem being faced in new e-filing portal is not same for all the tax payers.

xviii. As per the data available in new e-filing portal, there are total 9,48,32,278 individual registered users out of which 6,01,46,901 have e-verified their 1TRs in A.Y. 2020-21. Hence, it is not possible to address the problems/glitches in the new income tax portal tax payer/user wise.

Apart from the glitches which have already been brought to your notice, we have noticed some new glitches in the new e-filing portal which are being brought to your notice and numerated below:

The problem in new portal being faced by the tax payer is varying from person to person. The problems being faced by companies are not being faced by individuals, HUFs, Firms, AOP/BOI. Same way the problem being faced by one company is not being faced by another company or the problems being faced by individuals is not same with the problem being faced by HUFs.

Say there are 5 persons in a group- A Ltd, B Ltd, an individual C and D, and HUF E. A problem being faced by A Ltd is not being faced by B Ltd, C, D and E whereas a problem being faced by B Ltd, C and D is not being faced by A Ltd and HUF E.

Suppose, A Ltd is filing Form 4 under DTVSV. The input in Form 4 is saved in portal and the Form is duly submitted. However, in case of B Ltd, neither Form 4 is being saved nor form 4 is being filed. The portal is also not showing any error in the form.

Suppose C is an individual and is also Karta in HUF E. C has filed his ITR using DSC. But in HUF E, the portal is showing DSC is not registered. Please upload Valid DSC.

Hence, the problems/glitched in the income tax portal is not same for all the tax payers

As per the data available in new e-filing portal, there are total 9,48,32,278 individual registered users out of which 6,01,46,901 have e-verified their ITRs in A.Y. 2020-21. Here, it is not possible to address the problems/glitches in the new income tax portal tax payer/user wise.

The Gist of some new problems/glitches currently being faced by the taxpayers in the newly launched portal is being addressed issue wise as under:

1. LOGIN issues:

i. After providing essential login credential to the income tax portal, the tax payer is asked with the option to upload DSC. When the DSC is being uploaded, the portal is not accepting the DSC.

For Example:

When the tax payer provides login credential in the portal, the portal shows the page as under:

Digital signature Certificate

The tax payer gets two option as above, however, one option i.e. “new DSC” is freezed.

The DSC of tax payer is already registered in income tax portal and therefore while uploading with the DSC as per the option above, the portal is showing, please upload valid DSC.

ii. Login in the case of non-existent entity/deceased :

In old income tax portal, there was option to appoint “Authorize another person to act on behalf of self or Register to act on behalf of another person”.

Many corporate tax payers who have gone into amalgamation and are not in existence had opted to this option. In the said option the existing company (amalgamated company) had registered to act on behalf of another person (amalgamating/non-existent company).

Under old portal, after login to the portal, the existing company used to get two option i.e. for self portal or for amalgamating company portal.

Now, in new portal, the existing company is unable to login to the portal of amalgamating company through its portal. Further, Amalgamating companies are also unable to login to their portal through the PAN of the amalgamating companies as the portal is showing that “Your e-filing account has been deactivated, kindly contact helpdesk: 1800 103 0025 or 08046122000 for more infirmation.”

The aforesaid issue is being faced by every tax payer in the case of deceased, succession and others, where the tax payer is authorise to act on behalf deceased, succession and other as the case may be.

Hence, the compliances in respect of appeals, DTVSV Scheme and others income tax compliances in respect of non-existing entities and deceased has stopped completely.

2. DSC related issues:

i. In case of some tax payers, the portal is showing that DSC is already registered. However, while attaching a DSC, the portal is asking to upload valid DSC.

ii. Whenever the Old DSC of the tax payer has expired, still the portal is showing DSC already registered. The portal is giving option to deregister DSC. But the tax payer is unable to De-register the OLD DSC and upload the new DSC for registration. The tax payers are raising grievance in this respect however the same are not getting resolved.

iii. There are many tax payers who are not required to file forms through DSC. The other options they have got are either to file through Aadhaar OTP, EVC, Net Banking, Bank Account or Demat Account. But these options are not working effectively.

3. Filing of Returns and other Forms

The tax payers are facing several issues while filing the forms. Although it is not possible to mention all the issues here, some major issues are as under:

i. In case of some tax payers, DTVSV Form-4 is neither being saved nor being filed. The portal is time and again showing- “Submission failed! No response received from server”.

ii. In case of some tax payers, after filling all the details in DTVSV Form-4, the portal is showing that the form is incomplete.

iii. Where the tax payer is a Trust, the portal is not accepting the inputs provided by the tax payer at the time of registration or re-registration. In some cases, the portal is not accepting the attachment and in some cases, the portal is not accepting the inputs as required in the Form.

iv. Some of the tax payers are also facing issues while providing inputs in the ITR and also filing of return of income for A.Y. 2021-22.

v. The very major issue being faced is submission/e-verification of Income Tax Forms.

– DSC related- issue already discussed above in Point 2.

– Adhaar OTP- In case of some tax payers, the portal is accepting Aadhaar OTP but in some cases,

– Aadhaar OTP is not working.

– EVC — There is no option in the portal to Enable/Disable EVC in the Net Banking: This option is not working at all.

vi. Under e-file option in the portal of some Chartered Accountants, the only option which is available is to view filed forms. No income tax forms are available in the Income Tax portal of Chartered Accountants which are to be issued as certificate under various section of Income Tax Act, 1961.

vii. Copy of return /return acknowledgement filed for A.Y. 2021 is not reflecting in the portal of some tax payers.

4. Replies in case of notices received from income tax authorities

i. Some tax payers has received notice u/s 139(9) of the Act for defective return for A.Y. 2020-21. The return in respect of notice u/s 139(9) in the income tax portal in “E-proceedings” is not being filed. The portal is showing “Something went wrong. Please contact customer care”.

Further there is no option to file return u/s 139(9) in “e-file” option. Snapshot of portal is enclosed herewith.

Replies in case of notices received from income tax authorities

ii. In many cases, the notices and the replies to the said notices which were issued prior 1st June 2021 are not being downloaded from the Portal.

iii. Notice is received from CPC for delay in submission of ITR-V to CPC and required to submit condonation request.

The portal is showing the following error:

“Error : : Due to some technical error not able to process. Please check corresponding class and error code ITD-EXEC2003″

5. Retrieval of Data from Income Tax portal

i. In most of the tax payers cases, the assessment/ appeals are pending for A.Y. 2013-14 and earlier years before several authorities like Assessing officer, CIT(A), ITAT, High Court and Supreme Court. However, the data/information for A.Y. 2013-14 and preceding years is not available in new e-filing. portal due to which proper compliance by tax payer is not possible.

ii. When a return or notice or order as available in the Portal is downloaded, some Pdf files get opened but some Pdf files shows that “the file is damaged and could not be repaired”.

iii. In case of some tax payer, the portal is showing “no form filed till date”/”no data available”.

iv. In case of some tax payers, all correspondences of earlier years are not reflected from A.Y. 2014-15 and onwards are not reflected.

v. The option of rectification u/s 154 is also not available.

6. Others:

i. In the grievance redressal section, the tax payers are raising grievances which are showing as submitted But the response to such grievances is not being-received-by-the-tax-payers.- —

ii. No confirmation email is being received by the tax payer after filing of ITR and other forms, replies to notices or any other communication filed by the assessee in income tax portal.

iii. E-filing help desk is also not working effectively. While calling to the e-filing help desk, the information regarding 4 numeric digits of PAN and date of birth is asked from the tax payer. When the tax payer provides this information, the e-filing help desk says that the PAN and date of birth does not match or the information is not available in ITD data base.

There may be many other issues in the new income tax portal, which has not been identified till date. The issues that have already been brought to you in past and that are being brought at present are only on the basis of the functionality of the portal till date by various tax payers.

We implore upon you Hon’ble Mam to kindly take cognizance of the issues in the income tax portal and

kindly take necessary steps to resolve them to the best satisfaction of taxpayers and other stakeholders.

These disruptions are not due to the fault of the assessee. All extensions to make good the requirement of the issues to address should be only assessee friendly and department should not take benefit to themselves because these glitches are not due to the fault of the assessee.

(SAJJAN KUMAR TULSIYAN)

PRESIDENT,

TAX ADVOCATES’ ASSOCIATION OF BENGAL (TAAB)

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Author Bio

Qualification: LL.B / Advocate
Company: U S DAS & CO.
Location: ALIPURDUAR, West Bengal, IN
Member Since: 03 Jun 2020 | Total Posts: 1

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38 Comments

  1. P. Mehta says:

    I am a NRI and having problems in updating my Profile. I have my overseas mobile number registered with my Indian Bank account, TRACES account and old income tax e-filing website. BUT in my profile in the New Portal, Indian country code has been shown and I can not change the country code of my country.
    Also after filing the ITR, I am unable to e-verify the return, I have tried several times through net banking, but the site hangs for ever. Also it does not generate e-verification code.
    The issues registered with Grievances have not been attended to.

  2. Ambi says:

    In the new IT portal, the grievance status is not getting updated. It constantly states that the grievance is submitted. It is thus static in my case for the last 3 months. Further, the worklist function is not operative. No fresh input since the end of May 2021 on this function. Helpline and chats are non productive and one ends up constantly repeating the grievances.

  3. Chhabilbhai Thakkar says:

    Am NRII settled in USA, I don’t get SMS for OTP on my mobile phone which is registered on I.Tax profile and TRACE profile. Get SMS on E mail id with message that OTP send on my phone no without Country code +1. Pl help us.

  4. BARATHIDASON says:

    1. It is a nightmare to validate. Asking to select basis for resident status . Any number of times select the option error only. By sheer luck the error message disappeared.
    2. After filing Filed data in the portal is blank. Could not get the copy of ITR and Ack.
    Keeping the fingers crossed.

  5. DEBASHIS CHATTOPADHYAY says:

    I have two houses. That’s why I am filling ITR2 being a central government employee. Now from one let out house after interest claimed as deduction my income is positive and from my second self occupied property I have loss from interest paid on loan for such property..thua total loss is approximately 120000 by clubbing one positive and another negative in the income from house property.However, the new website of income tax carried forward the loss and no set off given to my salary income for the loss from house property…what to do kindly guide.
    Regards
    Debashis Chattopadhyay
    AGMP Bhopal

  6. ASHOK KUMAR BALAKRISHNADAS says:

    I FORGOT TO DOWNLOAD JSON AS I DON’T KNOW WHAT IT WAS. NOW AFTER SUBMITTING MY ITR 3
    I CANNOT SEE DETAILS THAT I POSTED FOR FUTURE VERIFICATION/OR ANY ERROR TO BE RECTIFIED

  7. seluka vijayakumar says:

    As a temporary solution, the Govt. should see that IT returns are filed in the old portal and the assessees are not penalised for the technical glitches of the new portal. Unless and until the new portal becomes user friendly, and major probelems are resolved, the new portal should not become operative

  8. hari says:

    I wanted to file a rectification under 139(9)
    In one case I am unable to see the returns filed earlier in the portal.
    In another case I do not see any window through which I an upload the corrected Xml

    As regards to renewal of 12 A
    though all the returns are filed in time
    no auto filled data are seen in the form 10 A
    on approaching the help desk no resolution is given

  9. Z Quettawalla says:

    The deceased has appointed Executors under her Will. However, the portal does not permit the Executors to apply for a PAN in the name of the Executors .

    1. cajaijain says:

      IN NEW IT PORTAL, HUF HAVING DATE OF COMMENCEMENT OR INCORPORATION IN THEIR PAN CARD “ANCESTROL” ARE NOT ABLE TO FILE ITR. IN PROFILE DATA DATE IS SHOWING 01/01/001 AND IN PAN DATA IT IS SHOWING AS 30/12/001. AND SHOWING THE MISMATCH MESSAGE IF TRY TO FILE THE ITR. NO ONE IS READY TO SOLVE THE PROBLEM TILL DATE.

  10. GANDHI MOHAN BHARATI says:

    UTTERLY FRUSTRATING. UNABLE TO FILE REVISED RETURN. THE WEB SITE SAYS “SOMETHING WENT WRONG. TRY SOME TIME LATER”. I HAVE BEEN AT IT FROM 01 DEPTEMBER 2021; GOD ONLY KNOWS HOW MANY SLEEPLESS NIGHTS I HAVE SPENT. I a reall wondering how the Top Brass of the Vendor have such beautiful sleep inspite of such a mess up

  11. CHANDRAKANT RONGHE says:

    IN SPITE OF INTERVENTION BY THE FM, THE INFOSYS IS NEITHER BOTHERED NOR WORRIED ABOUT THE COMMON TAX-PAYERS. AS SUGGESTED, THE ONLY WAY OUT IS TO FILE A PLI IN PROPER COURT OF LAW AGAINST ALL THE CULPRITS. IT IS FUTILE TO EXTEND THE DATES OF FILING RETURN. IT SEEMS THAT THE CENTRAL GOVERNMENT IS TOO LENIENT WITH INFOSYS. IS THERE NO “PENALTY” CLAUSE IN THE CONTRACT ?

  12. CA NARENDRA SEKSARIA says:

    WHY OLD PORTAL WAS NOT STARTED -A TEMPORARY SIMPLE SOLUTION IS IT DISMANTLED-MESSED UP ETC PL PL REPLY
    TODAY IS LAST DAY–24HRS LEFT FOR COUTDOWN -AS WARNED/ALLOWED BY HON FM TIME UPTO 15SEPT21-TO INFOSEYES
    HOPE FROM TOMMOROW NEW PORTAL WILL SHINE -TROUBLE FREE-JAI HO

  13. K R Srinivasan says:

    The earlier portal, i.e. the one on which tax payers filed their online return was quite excellent and could almost all data. What the Tax Dept. tinkered with it to create a new portal is not quite understandable. If there is any major problem in removing glitches, better switch over the old portal to enable the tax payers to file their returns, etc. I have not commented ever on this new portal

  14. K R Srinivasan says:

    The earlier portal, i.e. the one on which tax payers filed their online return was quite excellent and could almost all data. What the Tax Dept. tinkered with it to create a new portal is not quite understandable. If there is any major problem in removing glitches, better switch over the old portal to enable the tax payers to file their returns, etc.

  15. Gopalakrishna Gupta ES says:

    Dear Sir
    Letter is very fine… we do not know, when this will become alright.
    DSC registration I am getting the following error: though verifying is correct , still error is showing and not able to register my DSC.

    “The PAN mentioned in the Digital Signature Certificate does not match. Please retry.”

  16. manish parekh says:

    The “n” number of different Conditions & “n” number of Tax Rates applicable to Long Term & Short Term Gains needs to be removed. All these just to boost shares & securities markets !. Its making filling & updating the ITRs so complex with already messed up portal.

  17. VKIRISHNAN says:

    143(1) AY 2021-22 DEMAND SAYING TAX PAID CHALLAN NOT AVAILABLE THOUGH 26AS REFLECTS CHALLAN & DEMAND REPLY NO ACKNOWLEDGEMENT , GRIEVANCE ALSO NOT REPLIED

  18. Rajesh Goyal says:

    I have filled and e-verifed my ITR-1 on 16th Aug 21 using OTP with Aadhar. Now today when I am filling my revised return and going for e-verify using Aadhar it says “Your PAN and Aadhar is not linked”. After trying for days now I have done it through net banking.

  19. MAHENDRA KUMAR GOENKA says:

    How to claim rebate of Rs 1500! – ( for minor child) under section 10(32) in my ITR 2.
    There is no colum in the return mentioning this claim

  20. Sasikumar says:

    communication gap between programmers and the law experts is clearly visible. Law didn’t understand the programmers’ logic and obviously programmers don’t know how law works. There needs an interface who understand both, then there won’t be any glitch. Here the interface seems to have failed.

  21. Barathidason says:

    In the utility, the basic requirement of “Save and Exit” option is not there. We do not know the ways of “Exiting” without losing the i put data made. Utterly a frustrating experience.

    1. JAYARAMAN VIJAYAKUMAR says:

      none in the central government is bother about the difficulties faced either by the tax payer in fulfilling their responsibilities or the tax practitioner in fulfilling the needs of the tax payer and hence get rewarded by way of payments for the services rendered

      i do not think infosys are not so ignorant about the technical glitches

      only two persons namely the central government and infosys are aware of the real reason

      it is better if some organisation takes up this matter by way of PIL public interest litigation with the corridors of the supreme court. the sooner it is better for everyone

  22. Yashodhar R Desai says:

    This “”Sarakari” letter has no value to Babus. What is a legale action we can take. Can we get a stay from high court not to process any IT related issues.

  23. USHA VENKATESWARAN says:

    Even for individuals
    – in LTCG control sheet chekbox ticked not getting saved
    – 2 LTCG on Land and Building details the cost of acquisition and improvements are not getting saved. Hence portal calculates income tax on the gross sale procceds which is incorrect.
    3 ) at times the LTCG on sale of land and immoveable assets shows źero.

    Kindly take up the matter with the concerned authorities and do the needful.

  24. Nagarajan says:

    The new e-filing portal is rather like COVID-19 infection. It affects different persons differently. At least for COVID-19, there are vaccines available. For the Infosys designed portal, death followed by a decent burial may be the only solution!

  25. Bijoy Das says:

    I am an individual trying to file my return throught this new platform. Earlier there was a provision to save the file (JSON) in the midway. But now I cannot see this provision. Quite annoying.

    And to save a file, is it necessary to use such a technical term as JSON? Why not use the simple word as SAVE.

  26. DEEPAK GAWDE says:

    REGULAR RETURN FILED AND EVERIFIED FOR AY 2021-2022. HOWEVER TO FILE REVISED RETURN THE PREFILL DATA FOR AY 2021-2022 WHICH IS ALREADY SUBMITTED IS NOT AVAILABLE. AS SUCH IN SUCH CASE YOU HAVE TO FILL ALL THE DATA AGAIN IN REVISED RETURN FOR SMALL CORRECTION.

    1. Kishore Nair says:

      Tax on special income is seperately calculated by the system but again adding the same special income eg STCG with normal income and normal rate of tax is applied on both income, thereby showing more tax payable. Never seen such kind of software.

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