if we tds certificate not received
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
04 August 2010
Dear sir all of U,
can u a litile help me.
we have deducted TDS f.y 2008-09 on our customer and deposited goverment account but we have not issue a tds certificate him f.y 2008-09 but now he demand tds certificate we have issue tds certificate 4.08.10 but can he claimed tds amount in his income tax Return f.y 2009-10
please advice as soon as possible
can u a litile help me.
we have deducted TDS f.y 2008-09 on our customer and deposited goverment account but we have not issue a tds certificate him f.y 2008-09 but now he demand tds certificate we have issue tds certificate 4.08.10 but can he claimed tds amount in his income tax Return f.y 2009-10
please advice as soon as possible
04 August 2010
If TDS is deducted for F. Y. 2009 - 10 then claim of TDS possible in F. Y. 2009 - 10. If of F. Y. 2008 - 09 then claim possible in F. Y. 2008 - 09 only. It does not depend upon the date of certificate.
04 August 2010
No. He can not claim now. If you filed the return properly he must have got the credit of TDS in the fy 2008-09.
04 August 2010
AGREED, IF RETURN IS NOT FILED FOR FY 2008-09 THEN FILED BELATED RETURN OF FY 2008-09 UPTO 31.03.2011. IF RETURN IS ALREDAY FILED WITHIND DUE DATE, THEN REVISED RETURN OF FY 2008-09
04 August 2010
If income not shown in F. Y. 2008 - 09 then the same can be shown in F. Y. 2009 - 10 and TDS can be claimed in this year itself also.
If return for F. Y. 2008 - 09 being filed now then the same can be claimed in F. Y. 2008 - 09 itself..
If return for F. Y. 2008 - 09 being filed now then the same can be claimed in F. Y. 2008 - 09 itself..
04 August 2010
ADITYA JI,
HOW CAN INCOME OF FY 2008-09 WILL BE TAKEN IN FY 2009-10 AND CLAIM TDS IN FY 2009-10 ITSELF.
THERE IS ONLY WAY TO REVISED FY 2008-09 RETURN IF FILED EARLIER OR IF NOT FILED THEN FILED NOW.
HOW CAN INCOME OF FY 2008-09 WILL BE TAKEN IN FY 2009-10 AND CLAIM TDS IN FY 2009-10 ITSELF.
THERE IS ONLY WAY TO REVISED FY 2008-09 RETURN IF FILED EARLIER OR IF NOT FILED THEN FILED NOW.
04 August 2010
Dear Bansalji
As per Section 199 read with rule 37BA states as under:
(3) (i) Credit for tax deducted at source and paid to the Central Government, shall be given for the assessment year for which such income is assessable.
(ii) Where tax has been deducted at source and paid to the Central Government and the income is assessable over a number of years, credit for tax deducted at source shall be allowed across those years in the same proportion in which the income is assessable to tax.
So if income shown in current year TDS can be claimed in current year as per the said rule. If income shown in F. Y. 2008 -09 and return filed and TDS not claimed then revise return to be filed.
If return for F. Y. 2008 - 09 being filed now then the same can be claimed in F. Y. 2008 - 09 itself
As per Section 199 read with rule 37BA states as under:
(3) (i) Credit for tax deducted at source and paid to the Central Government, shall be given for the assessment year for which such income is assessable.
(ii) Where tax has been deducted at source and paid to the Central Government and the income is assessable over a number of years, credit for tax deducted at source shall be allowed across those years in the same proportion in which the income is assessable to tax.
So if income shown in current year TDS can be claimed in current year as per the said rule. If income shown in F. Y. 2008 -09 and return filed and TDS not claimed then revise return to be filed.
If return for F. Y. 2008 - 09 being filed now then the same can be claimed in F. Y. 2008 - 09 itself
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