19 April 2008
Dear Experts, please review the Original query of Mr Ramesh - "Old year's TDS Cert.(not mentioned in old IT return)recd now". What he says that "return was filed without mentioning the said amount of TDS." On plain reading, what he meant is that he has already declared the Income in his return, but what he could not mention in the return is the corresponding AMOUNT OF TDS therefrom. I am of the opinion that in such cases where the an income income has already been shown/declared in the return, but the assesse could not claim credit to TDS, he can claim refund/ credit by simply filing rectification petition u/s.154. There is need to file a revised return only if the the assessee wants to change the income declared in the return. So EXPERTS, PLEASE REVIEW YOUR REPLIES AND GUIDE.
23 April 2008
I agree with the views of Subodh. TDS should be claimed in the assessment year in which the related income is declared. Therefore I suggest u to file revised return it statutory time is permitted. Further You may refer section 155 (If i am not wrong) where u can also file the TDS certificate at the time of assessment U/s 143(3) or before assessment is completed U/s 143(1). It is always better to opt this approach rather filing revised return. But in any case donot forget to take up in the assessment year where you have declared the related income.
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