09 December 2009
sir in one of our case of A/y 2007-08 tds had not been deposited during d previous year or upto due date u/s 139(1)& return was filled without disallowing d respective exp but same was deposited next year i.e. previous year 2007-08. then we also filed return for previous year 2007-08 after due date u/s 139(1) & we did not claim such exp allowed since we had not disallowed d same earlier year in our return
now in scrutiny assessment u/s 143(3) d AO has disallowed d exp for A/y 2007-08 on a/c of non deposited tds U/s 40(a)& raised a demand
Now my Question is we r eligible for allowance of such exp in A/y 2008-09 since we have deposited tds in following year but we have not claimed d same in our return for A/y 2008-09 & also we cannot revise d return since it is belated. in such case what is d provision for claiming d deduction of disallowed exp. should we make an apllication for rectification u/s 156 or what will be d other solution of this problem
it's urgent please refer provision regarding ur opinion if any
09 December 2009
thanx for ur reply sir Anand sir we agree to pay demand but we deposited d tds in f/y 2007-08 so we should be given allowance in A/y 2008-09 as per sec 40(a) but we cant. is there any provision in Act which enable us to claim d same in year other than year in which tds is deposited please refer provision if any ...............
12 December 2009
thanx bikash sir but does sec 40(a) not state deduction "shall be" allowed in subsequent year in which such tds would be deposited by the assessee
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