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Query asked by Bhavesh Jain on April 10, 2021

Re: Revision of Form 1 & 2 after Form 3 generated by department.

Dear Sir,

We have filed forms 1 & 2 with taxes paid against the demand during the relevant A.Y., thereafter, the department has issued Form 3 computing final tax liability. The assessee has paid the Taxes according to Form 3.

Now, It is submitted that the during appellate proceeding the bank account of the assessee has been attached and the department has seized the entire amount against the demand. Now the department has given the entrie tax credit in Form 26AS and as such we want to ask that how to get refund the said amount as we have already paid the taxes or is there any option to file revised Form 1&2, so that we can take the tax credit, accordingly.

The portal is reflecting that revision of Form 1 & 2 has not allowed as the Form 3 is already issued. Therefore, we want to ask how to get refund on the said amount.

Please refer CBDT Circular No 21 /2020 dt  4-12-2020  dt  Q. No 89 and Answer given by the CBDT , which clearly state that  , declarant can revise the declaration any number of times before DA issues a certificate under section 5(1) of the Act .  The assessee may approach the Designated Authority .  For getting the remand the assessee  has to make an application for refund in the portal  and also send letter to the Chairman CBDT .  In case no response is received with in a reasonable time , the assesssee may have to file Writ before the High Court.

 


 

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