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

Aditya Maheshwari

Aditya Maheshwari (Expert)
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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.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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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.

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CA. BIJENDER KR. BANSAL

CA. BIJENDER KR. BANSAL (Expert)
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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

Aditya Maheshwari

Aditya Maheshwari (Expert)
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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..

CA. BIJENDER KR. BANSAL

CA. BIJENDER KR. BANSAL (Expert)
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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.

Aditya Maheshwari

Aditya Maheshwari (Expert)
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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

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