Need Help - App rejected for Original IT Returns (SARAL)

[nakvis]

Hi,

My application is rejected with reason "Not submitted original Income Tax Returns".

I have submitted SARAL Form with STAMP on it as original income tax returns. They have refused to accept it as proof.

Has anyone have any ideas on how to convince them that the SARAL is the original IT Returns for Indian Income. Should I resend them the SARAL along with request for review. (Request for review form says NO ADDITIONAL DOCUMENTS TO BE ATTACHED).

Please help me in handling this case.

Thanks

[webhunter]

Its sad to hear about the rejection. I recently read a post which was rejected for similar reasons even though he was earning 80,000 pounds per annum. It appears that he immediately approached an expert immigration lawyer for his appeal.

I would suggest that if possible, try and get some help from an immigration consultant, who will go through each of the evidence you have submitted and possibly make a successful review.

[Jk2007]

I recently read a post which was rejected for similar reasons even though he was earning 80,000 pounds per annum. It appears that he immediately approached an expert immigration lawyer for his appeal.

Really shocking!! Can you point to the post?

[webhunter]

Just browse through the threads at http://www.ukresident.com/forums/index. ... forum=2408

If you are patient enough , you might come across the thread I am referring to .

[hsmp28122006]

HI Nakvis,

It's really sad to hear your decision, and realize that they are not accepting ITR of Indians, I do not know what caused them to do so.
Everybody has the same ITR, that is, SARAL FORM - filled and stamped. Even I have submitted the same.

Could you please narrate what documents had you sent to prove the points for earnings? I have sent following documents (claimed period: De'05 to Nov'06):

ITR(SARAL Form, stamped): Apr'05 - Mar'06
Form-16: Apr'05 - Mar'06
Wage Slips: Apr'05 - Nov'06
Bank Statements: Dec'05 - Nov'06
Salary Letter (ref from employer): Mar'06 - Nov'06
Salary History Letter - Nov'04 - Nov'06

Thanks, and please let me know if you had sent similer documents!

[freebirds]

btw nakvis, what are the proofs you have submitted for earnings proof.
this would clear everybody's doubt. WE have all submitted ITR as saral with stamp on it. no signature..
along with this we have submitted, pay slips , bank statements , employer letter etc.
oh god ,if saral is not accepted, then you would see many many rejections from Indians. becos that is the only standard format here in india.

[hsmp28122006]

Freebirds, yes, there will be 90% rejections from India!
I do not know whether they accept form-16 in place of SARAL. I have submitted both.

[paramjit2k]

Hi NAKVIS...

Plz clearly describe ur app structure here..what all Earning proofs u submitted?

As ITR was not covering full period, which other proof u provided in place for that.

In my opinion, one shud provide 2 other proofs( Sal slip, emp letter, bank statement) + ITR proof.

[srikp]

Also, in your earlier posts you mentioned your application as "in-country".
So, are you working/studying in UK? Would that have made a difference?

Did you send your Form 16 as well or just ITR?

[paramjit2k]

Hi All,

Do not confuse ITR with SARAL form.

First of all, what is SARAL?
Saral is filled my people like us to show IT dept how much tax we are paying. The Tax amount is calculated by us only. The figures are entered by us only. Even if u hide some tax, IT dept will accept ur SARAL form and return u the stamped and signed photo copy.
If u have some due left, u will be fined/informed later. So anyone can show SARAL form even with lesser tax paid.

So how SARAL cant be termed as self assesment sheet.

Other thing, even me or anyone else dont know what actually they want from us. Like for UK, P60 is acceptable for HSMP ITR proof and it is provided by employers. Nothing is clear for INDIANS, but one thing is there, same like UK we r provided FORM 16 as income tax computation sheet. So it is more or less like P60.

If P60 can be taken as valid ITR proof, then FORM 16 shud be also.

If someone has more concrete answer plz share.

Hope it helps.

[Jk2007]

If P60 can be taken as valid ITR proof, then FORM 16 shud be also.

In UK P60 is issued by the employer, and In India Form 16 is issued by the employer. When P60 is acceptable, I see no reason why Form 16 should not be acceptable. P60 and Form 16 are prepared and signed by the employer, so they are not self assessment documents.

It is not clear from nakvis post if nakvis submitted copy of Form 16 along with SARAL, while applying for HSMP.

[hsmp28122006]

Param Pa ji,

I do not think SARAL is self assesment form. Because:

1) ITR is based on Form-16 (and form-16 is not self-assesment form, hope you agree this), and verified by IT department (stamp is the verification mark, at many places they sign it too!!).
2) If it was a self-assesment form HO would have rejected all the applications which provide Saral form (stamped + signed) as a primary proof!

Let me know if you have any issues with these points.

[disdil4u]

Hello Nakvis

Sorry to here that ur HSMP was rejected due to ITR.

Can you please let me know what docs you have submitted for your earning proof?

I am in same situation like you and waiting for my HSMP deceision.

Sent on 03/01/2007
Received by HO on 04/01/2007
Payment by CC on 04/01/2007
Waiting for Reference No.

I have claim following points

Masters in UK : 35
UK Education: 05
Age: 20
Previous Earn: 20 ( In that I have submitted ITR, Payslip) Just SARAL form in ITR.

Can you please let me know what docs you have submitted for Earning?

Thanks

Hi,

My application is rejected with reason "Not submitted original Income Tax Returns".

I have submitted SARAL Form with STAMP on it as original income tax returns. They have refused to accept it as proof.

Has anyone have any ideas on how to convince them that the SARAL is the original IT Returns for Indian Income. Should I resend them the SARAL along with request for review. (Request for review form says NO ADDITIONAL DOCUMENTS TO BE ATTACHED).

Please help me in handling this case.

Thanks

[paramjit2k]

Hi hsmp28122006...

Still do u think, without form 16 SARAL has some importance. We all know NO.

So why not to send Form 16 as proof of ITR then. Coz the amount shown in Form 16 is what actually deducted from the salary as TAX.

In the guidance notes, it is clearly written that for ITR, HSMP dont accepts self assesment forms...SARAL is just an form which is self assesed by us...

In genuine, one needs some doc from IT office after clearing all the IT dues of particular year...But Irony is this IN INDIA,
GOVT KNOWS HOW TO DEDUCT TAX BUT GIVES NOTHING IN WRITTEN...I WENT THERE FOR SOME PROOF, THEY SAID SOME DOC NOC -NO OBJECTION CERTIFICATE WAS STOPPED 3 YEARS BACK. THAT WAS THE ONLY DOC WHICH CAN ACTUALLY ACT AS ITR. BUT IT IS STOPPED NOW. THEN THEY SAID SOME COMPUTER LEGITIMATE/RECIEPT CAN BE GIVEN, BUT OUR SERVER IS DOWN. IT WAS REMAIN DOWN FOR 1 month.

Here we can only make gud effort with availiable options. The 2 options r just SARAL and form 16.

So best is...try and submit both.

But personally still i feel, without support of Form 16, SARAL is nothing other then self assesment form.

I still support Form 16. because it has a clear independent source. It can be verified.

[hsmp28122006]

Hi hsmp28122006...

Still do u think, without form 16 SARAL has some importance. We all know NO.

Without Form-16, you can't even file the SARAL, it means, if you have the SARAL, it implies that you already had Form-16. So, SARAL is more valuable document than Form-16, provided it's Stamped+Signed. Please let me know if anyone's case got rejected due to not providing Form-16 but SARAL (stamped+signed).

[deep_rp]

Hi Nakvis,
Were you showing the IT returns as one of the proofs of income? My documents are on the way back and I am getting very curious about the decision. I did not submit my IT returns as proof of earnings. But I did submit it saying that I do pay taxes here.

Thanks
Deepak

[nnj10]

Hi Nakvis,

Why dont you try and speak to your case worker, who dealt with your case, and ask him the eaxct reason of refusal, as SARAL is the Original Income Tax return.

This will help people to remove all confusion.

Did anyone, ask this to HSMP team explaining the complete state of situation.

That,
1) Form - 16, is provided by the employer, as a receipt of Tax Deduction for the salary one, receives.
2) SARAL is the Official ITR- that the tax payee files, matching the Form-16

Out of this which is the ITR- that they are willing to accept, as full proof, evidence?

In my case, the employer has not signed the Copy of Form-16, as Original was already submitted with SARAL.
The SARAL (This we file in duplicate, i.e. One copy is with IT-Dept, one is given back to the tax payer, with sr. no, date and sign), is with date, sign and stamp as required.

I have also attached the Assessment report, and refund order, to be on safer side.

Any commment, Guys?

NNJ10

[hsmp28122006]

Hi Nakvis,

In my case, the employer has not signed the Copy of Form-16, as Original was already submitted with SARAL.
The SARAL (This we file in duplicate, i.e. One copy is with IT-Dept, one is given back to the tax payer, with sr. no, date and sign), is with date, sign and stamp as required.

NNJ10

Your SARAL is sufficient proof, no need of Form-16, since it's signed and stamped with date.

[paramjit2k]

Hi Nakvis,

In my case, the employer has not signed the Copy of Form-16, as Original was already submitted with SARAL.
The SARAL (This we file in duplicate, i.e. One copy is with IT-Dept, one is given back to the tax payer, with sr. no, date and sign), is with date, sign and stamp as required.

NNJ10

Your SARAL is sufficient proof, no need of Form-16, since it's signed and stamped with date.

Dont speculate anything on your own...None knows which is perfect ITR proof for Indians.

It is still arguable without form 16, Saral form has no basis. Even for Income tax dept in India. How can u say it is valid for HSMP.

[nnj10]

Paramjit/HSMP28122006,

This is really a grey area. we just kepp on discussing our own views, and idea, nothing concrete, has come out of any discussion.
Let's try to get some more expert opinion from any HSMP consultant in India .

Anybody here, If spoken to any HSMP consultant in India or aboad for Indian HSMP applicant esp. with regard to new rules, then pls. share that exp. on the H.O. accpetable ITR?

Hope, we all get some concrete evidence, which HO cannot refuse to accept, as valid proof of Income.

NNJ10

[sunil.suneel]

hi,

As the Original Form 16 is always retained by the IT department , this fact is known to the HO guys, this is not a new requirment by the HSMP team , they have been doing this for years. And there are thousands of indians who have got thru the HSMP porcess with these evidences.

All we need to do for the requirments of ITR is to Provide the Original Saral that reflects the Gross mentioned on the Form 16 along with the copy of Form 16.

If you have mentioned lesser amount on Saral than seen on the Form 16 , then buddy , your application is surely rejected.

cheers,
Sunil

[candidash]

Hi Nakvis,

In my case, the employer has not signed the Copy of Form-16, as Original was already submitted with SARAL.
The SARAL (This we file in duplicate, i.e. One copy is with IT-Dept, one is given back to the tax payer, with sr. no, date and sign), is with date, sign and stamp as required.

NNJ10

Your SARAL is sufficient proof, no need of Form-16, since it's signed and stamped with date.

Dont speculate anything on your own...None knows which is perfect ITR proof for Indians.

It is still arguable without form 16, Saral form has no basis. Even for Income tax dept in India. How can u say it is valid for HSMP.

Paramjit,
FYI.. original Form 16 always goes with SARAL as a proof of what your claiming and you are arguing that Form16 is more authentic than SARAL ?

[paramjit2k]

Hi candidash,

U can always get stamped and signed duplicate copy of FORM 16 from Employer later also.

Nobody is arguing here, we r here discussing the perfect proof of ITR for indians.

Form 16 is more or less like P60 in UK, I have seen people getting HSMP with P60.

[nakvis]

Hi Guys,

Thank you all so much for the information!!!

Now I am going to request for review, explaing the procedure followed in India for ITR and Resend my ITR. I will let you know the review decision made after review.

Regards

[umeshsethi]

hi,

As the Original Form 16 is always retained by the IT department , this fact is known to the HO guys, this is not a new requirment by the HSMP team , they have been doing this for years. And there are thousands of indians who have got thru the HSMP porcess with these evidences.

All we need to do for the requirments of ITR is to Provide the Original Saral that reflects the Gross mentioned on the Form 16 along with the copy of Form 16.

If you have mentioned lesser amount on Saral than seen on the Form 16 , then buddy , your application is surely rejected.

cheers,
Sunil

Thats not really true- saral amount and form 16 amount will mostly not match because most of us have some additional income other than job - from investments , interests etc. also form 16 will have a sal amount but saral will have a taxable amount which will be less than form 16 amount due to deductions allowed...

so anybody trying to apply logic to compare these from HSMP better have done a course in Indian Tax Laws... and i dont think they are qualified to do their own taxes itself !