26as

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

04 August 2012 Dear expert,
In AY 2012-13 my total tds is Rs. 65000/- and out of which Rs .60000/- are with status of "F" and remaining Rs. 5000/- are with status of "U". Deductor will not file the revised return for the same.
Now please advise me, in my online return I should claim only RS. 60000/- as tds or I should claim whole Rs. 65000/- as TDS.
Thanks.

CA CS Amit S. Kedia

CA CS Amit S. Kedia (Expert)
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04 August 2012 You can claim Rs.65000 even if there is a mismatch of Rs. 5000.
As CBDT has already instructed as per CBDT Instruction No. 01/2012 [F.NO.225/34/2011-ITA.II], dated 2-2-2012

"In all returns (ITR-1 to ITR-6), where the difference between the TDS claim and matching TDS amount reported in 26-AS data does not exceed Rs. five thousand, the TDS claim may be accepted without verification."
So, accordingly, you can get the credit of Rs. 65000

Querist : Anonymous

Querist : Anonymous (Querist)

04 August 2012 suppose difference is rs. 10000/- then I should claim Rs. 55000/- or Rs. 65000/- in my return as tds.

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CA PARAS BAFNA

CA PARAS BAFNA (Expert)
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04 August 2012 Can you claim 75000 when Actual TDS is 65000?
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The reply will be -"No".
.
Obtain TDS certificate of the amount against which "U " has been mentioned and produce the same before the jurisdictional ITO. If the deductor denies to issue the certificate, tell him about the leviable penalty of Rs. 100/- per day.
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Querist : Anonymous

Querist : Anonymous (Querist)

04 August 2012 actually I am planning to file online return and deductor has issued form 16a containing tds of Rs. 65000/-. Then in such a case I should claim whole of 65000/- or I should leave the Unmatched amount of Rs. 10000/-.

CA PARAS BAFNA

CA PARAS BAFNA (Expert)
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04 August 2012 Do not leave any amount. Claim full 65000/-.
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What is unmatched today, can worst result into non refund of unmatched amount only and not the whole of the TDS amount. But be hopeful and try to get it matched.
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