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Issue ID : 119437
- 0 -

No response for grievance filed on 29-10-2024

Date 01 Dec 2024
Replies7 Answers
Views 1153 Views
Asked By

I have an outstanding tax demand for AY 2008-09 that I have responded to in the income tax portal as being incorrect and asked them to tell me procedure to file revised return. Now it has been forcefully adjusted against a refund due for AY 2024-25. Now I have submitted a revised return for AY 2008-09 but I am not getting any acknowledgement from PUNE.DCIT12@incometax.gov.in.

I raised grievance on 29-10-2024 in cpgrams. Not received any response till date.

Is this how our country is supposed to function? So much slow speed and apathy and lack of quick response and clear patient explanation? Does personal income tax filing need a PhD in rocket science? Or the only way out is to find some 'CA agent' who will grease palms? Is corruption the new normal? Is tax terrorism by the government the new normal? At this rate the government will raise any illogical income tax demand on anyone at any time and we lose right to explanation? Should we citizens take it lying down?

Who can help me to sort this out? I don't wish to spoil the image of the government in media, but if left with no option may just do it in the interest of the nation.

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Replied on Dec 2, 2024
1.

Dear querist,

(i) You should meet the jurisdictional Commissioner of Income Tax along with all the docs.

(ii) One has to be polite, respectful and disciplined before any Govt. Officer. I am sure and hopeful your problem will be solved. I am telling to you on the basis of my experience.

(iii) I am keen

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Replied on Dec 2, 2024
2.

In continuation of my above reply, I am keen to know the result of your meeting with the jurisdictional Commissioner here.

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Replied on Dec 2, 2024
3.

Dear querist

There are hundreds of thousands of taxpayers rolling in the man-made volcanoes via tax adjudication proceedings.This is inevitable for the honest taxpayers. At the same time there is no magic lamp in the hands of taxpayers. Importantly all businesses are not that "pure" as the law expect them to be.

So patience and perseverance pays desired dividends. Be cool and tackle the issue in the soft manner. Anger burns its author as the thread burns the candle.

I fully endorse the experienced advice of Sh. Sethi Sir.

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Replied on Dec 2, 2024
4.

Sh. Sadanand Bulbule Ji,

Sir, If your advice is translated into practice sincerely and honestly and in a religious manner, the querist's problem will be solved. This is my view as well as hunch.

In a nutshell, your response teaches us that one should be able to understand the difference between theory (idealism) and practice (realism) in one's own interests, This gulf between the two terms has remained and will remain in real terms.

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Replied on Dec 2, 2024
5.

Dear Sir, 

It is easy to change the laws but impossible to change  the human nature. This is the way of life, we must love it and move forward.

“New moon” and “full moon” are essential segments/ process of Nature’s law. Show must go on, come what may. The sun, while rising and setting, never makes any sound. He does his job divinely and silently. Then why not us? 

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Replied on Dec 3, 2024
6.

As I do not deal with income tax act, kindly take my views below as just as few 'observations':

A. I very much doubt that the tax-payer can file 'revised return' after 15 years for AY 2008-09. Income Tax law has always prescribed time limit within which a tax payer can file a 'revised return'. Once same is not allowed under law, Tax Dept. is well within its right not to accept such 'revised return'. 

B. Once there is admitted position that there is outstanding tax demand for last 15 years & tax payer has not challenged it within time & as permitted under law, Income Tax Dept. is well within its right to recover it from refund due for AY 2024-25. 

C. Merely blaming tax Dept. or CA for own delinquencies does not help any tax-payer. And it does not spoil the image of the GOI. 

D. None of the taxpayer are beyond operation of law. And ignorance of law is no excuse. 

E. But, if tax Dept. failed to follow proper procedure to communicate the demand for AY 2008-2009 within the time permitted under law, then, the taxpayer can challenge the same as permitted under law.

As many of underlying facts are not clear, I cannot comment anything beyond this. 

These are ex facie views of mine and the same should not be construed as professional advice / suggestion or recommendation.

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Replied on Dec 4, 2024
7.

I agree with the views of the experts.

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