26AS/PF issue. How to file tax return for this year and reclaim tax paid for last year

POSTED BY montylim030 ON July 18, 2012 8:49 pm COMMENTS (5)

I was working as a salaried professional till May 2010 and filed my 2011-2012 returns last year in time.

There was a entry from PF department in my tax credit statement of above 1Lakh rupees with corresponding tax paid to IT department in 11/2010. Since I had received no such amount, I tried to trace the money with LIC/PF but there was no record found. The concerned department mentioned they will correct the error. Assuming it was an error, I filed the IT return for 2011 without including the said entry either in my income or tax credit details. The entry was later corrected by a reverse entry in 09/2011.

I am no longer working and only income is interest. I had forgot about the entry in my 26AS last year but now seen that a reentry has been done in 10/2011 of the same amount and showing in my 26AS again for last year,without any reverse entry. This was one month after the original correction and 3 months after the IT return filing in July 2011

I am not sure how to file this year return. I was owing some amount due from PF in 2010-2011 but not sure about the actual amount. I am below the minimum tax slab for both last year and current. Is there anyway I can declare the entry in this year tax return and seek refund at least of the tax paid ? Or will I need to revise the last ITR and send it again…

Do note that I have not received the actual money from PF body yet and think it may be difficult to trace given that concerned department washed it hands off cleanly last time. I am more of the opinion that its a scam and my money be already sitting into somebody else bank account who has encashed it

Please advise advantages/disadvantages of the approaches and best way forward as per you…
Detailed and urgent response appreciated. I also now understand that I am not liable to pay any IT at all because I was with the company for more than 10 years.. so really interested to file this year return correctly and get the tax refund also for last year.

5 replies on this article “26AS/PF issue. How to file tax return for this year and reclaim tax paid for last year”

  1. montylim030@gmail.com says:

    Ashal – First thanks for quick response. I understand what you are saying but thats the approach I used last time by not including the missing money into ITR either in income or the TDS. I didn’t fill RTI – maybe because I thought the problem was resolved with the reverse entry. I can do the RTI now as you advise but don’t think it will be resolved in the next 10 days or so remaining before filing of IT Return.

    If I don’t put anything in the ITR this time as well, and the money doesn’t come in, then I would have lost both the principal and the TDS which I shouldn’t have paid…. I am assuming the reason the RPF office has put it back again because they found a genuine reason for doing that rather than doing the same mistake twice.

    1. Dear Monty, have you received any money that you want to report? The answer is no. Now if there is no income, how can you report it in your ITR?

      What I’m saying is file your ITR with out considering that PF TDS amount & at the same time file RTI to get your money as well as rectification/clarification on this TDs issue.

      thanks

      Ashal

      1. montylim030@gmail.com says:

        I find your tone of response insulting to begin with. I am asking for guidance and stated a simple question – if it had been such a simple query of wait and watch – they why would I asking experts in this forum

        I wanted to know what will be the options if the RTI information comes back after 30 days or any other time (past the filing date for this year) and corrects the TDS such that money has been paid via chq so and so etc. and TDS information is correct.

        Scenario 1: where the chq has not been cashed and they send me another chq. Then assume I will fill another tax return on that information since I have already filed a tax return for this year. Question 1 is – which Tax return will need to be refiled – this year or last years

        Question 2: Lets take the second scenario – they say that we have paid money and chq encashed but cannot find who has encashed it… then i start filing a police report… and the chain starts… the fact of the matter remains that TDS should not have been paid…and PF department has paid it on my behalf…..
        Which tax return will need to be refiled in this case – this year or last year

        These are my questions. If you don’t care or have time to understand the query, ask you to refrain from writing your two bits answers!.

        1. Dear Monty, I want to help you. On onehand you are saying 10Y service so TDS should not be there. Just FYI – PF office is not supposed to TDS.

          Now do tell me where all your theories stands?

          Regarding your assumptions – TDS is rightly deducted but acting on my advise you are filing so called wrong ITR, my dear friend, you can file a revised return if indeed this TDS entry is correct.

          Regarding the tone of my prev. reply, I’m sorry if you feel offended. Although my intention was not that.

          At the end of the day, it’s your choice how to move ahead.

          Thanks

          Ashal

  2. Dear Monty, as the money is not with you, please do not include that into your ITR.

    Regarding your claim of PF money from RPF office, please file a RTI application to know the correct status of your withdraw request.

    At the same time, you may also file RTI to to know the reasons of this wrong data input in your form 26AS.

    Please update with your happenings.

    Please file your ITR without this imaginary income from PF.

    Thanks

    Ashal

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