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Procedure for response to Arrear demand By Taxpayer And Verification and Correction Demand by AOs

Income Tax - 08/2015 - Dated:- 14-5-2015 - CIRCULAR NO 08/2015 GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE CENTRAL BOARD OF DIRECT TAXES North Block, ITA-II, Division New Delhi the 14.05.2015 Subject: -regarding. The CBDT vide Instruction No. 4 of 2014 dated 7th April 2014, inter-alia, prescribed Standard Operating Procedure for Verification and Correction of Demand available or uploaded by AOs in CPC Demand Portal. Further a facility has been made available to taxpayers on the .....

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n Code Demand Identification Number (DIN) Date on which demand is raised Outstanding demand amount Uploaded By Rectification Rights Response- Submit and View iv. Taxpayer must click on "Submit" link under Response column for the respective AY in order to submit the response. Taxpayer has to select one of the options from the radio button. Demand is correct Demand is partially correct Disagree with demand v. If taxpayer selects "Demand is correct", than pop up is displayed as .....

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payer selects 'amount which is incorrect' then he should mandatorily fill one or more reasons for stating so as listed below: Demand has been already Paid - Demand paid and Challan has CIN (Challan Identification Number) Demand paid and Challan has no CIN Demand has already been reduced by rectification/revision Demand has already been reduced by Appellate Order but appear effect has to be given by Department Appeal has been filed and Stay petition has been filed with Stay has been grant .....

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t Amount Remarks (any comments of taxpayer can be included) Upload copy of Challan Demand already reduced by rectification / Revision Date of Order Demand of AO who has rectified or revised Upload Rectification / Giving appeal effect order passed by AO Demand already reduced by Appellate Order but appeal effect to be given Date of Order Appellate Order passed by (details of CIT (A) etc) Reference Number of Order Appeal has been filed: Stay petition has been filed Date of filing of appeal Appeal .....

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nt No Remarks (any comments of taxpayer can be included) Upload Challan Copy Upload TDS Certificate Upload Letter requesting rectification copy Upload Indemnity Bond Rectification filed with AO Date of application Remarks (any comments of taxpayer can be included) Other Reasons Others (any comments of taxpayer can be included) ix. If taxpayer selects "Disagree with the Demand" then taxpayer must furnish the details of disagreement along with reasons Details / Reasons are same as provid .....

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e may do so to get details of outstanding demand and also to submit any response. Note 2: Wherever the taxpayer finds it difficult to access income tAx Department Website, he or she may make necessary application to the Assessing Officer along with above referred details as applicable in this case. Note 3: In case of individual taxpayers if CIN is not available or payment is made prior to the period of introduction of CIN, the taxpayer may submit the documents as referred in para 4.1 or 4.2) 3. .....

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n/removal is available in Department Records; or d) Details are already available in the system, such as additional TDS credits reported by Deductor in case of earlier TDS mismatch. 4. Handling Different Scenarios during Verification and Confirmation of Demand; The Assessing Officer (AO) should handle different scenarios during verification and confirmation of demand in following manner: 4.1 Demand or tax has been paid: (a) If the taxpayer's reply or Departmental records show that demand or .....

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does not exceed Rs.1,00,000 for that AY. The AO should follow the steps as under: i. The reduction can be made after obtaining of the document showing evidence of payment in form of taxpayer counterfoil or bank certificate or any communication from Department in respect of payment or adjustment of refund. In case where taxpayer is a senior citizen and taxpayer is not able to obtain bank certificate as the place of payment of tax is different from the current place of taxpayer, the AO should obta .....

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should be taken on file before removing/reducing the demand. iv. If the payment relates to mismatch of advance tax or self assessment tax, order u/s 154 of the Act needs to be passed. 4.2 Demand due to TDS Mismatch: (a) If the taxpayer's reply or Departmental records show that the demand is an account of TDS mismatch and TDS credits are available in the system, the AO should follow steps as under: i. The AO should reduce the demand by passing rectification order u/s 154 on the system after t .....

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he assessee ont he basis of which claim has been made. ii. In case, the outstanding demand is more than ₹ 25,000 for that AY, irrespective of the quantum of demand being reduced, the AO should obtain an indemnity bond (in the format given in Annexure A) iii) Additionally, in case the demand being reduced under paragraph 4.2. (b)i above, exceeds ₹ 50,000/- for that AY for the assessee, besides obtaining the indemnity bond, approval of Range Head should be taken or file before removing .....

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as per para 4.1 of 4.2, if any refund becomes due to the taxpayer, the same may also be issued. Enclosure: As above (Rohit Garg) Deputy Secretary to the Government of India (F.No.225/151/2014/ITA.II) Annexure A Format for Indemnity Bond (to be typed on non-judicial Stamp Paper of ₹ 100): INDEMNITY BOND This Bond of indemnity is made this ____________ (Date of Indemnity Bond) in favour of Government of India (Department of Finance) i.e. Income Tax Department by Mr./Mrs/Ms _________________ .....

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