Claim of TCS
This query is : Resolved
23 June 2009
A person filed his return for AY 2008-09 without claiming TCS of Rs. 1,00,000/- as he had not received certificate. Now in June 2009 he received certificate. On verifying with AS 26 the same is not shown in that as PAN of that person was not given. Now he wants to claim the same. What he can do?
1) Application u/s. 154 or 155 can not be made as the same was not claimed by the assessee in return.
2) So, should he revise his return of income. Would that increase the time limit of completing assessment?
1) Application u/s. 154 or 155 can not be made as the same was not claimed by the assessee in return.
2) So, should he revise his return of income. Would that increase the time limit of completing assessment?
24 June 2009
application under section 154 is to be moved
the time limit for assessment would remain the same as there is no revised return
the time limit for assessment would remain the same as there is no revised return
24 June 2009
Yes you are right application u/s 154 can not be moved because mistake is not apparent from record.
what you can do is, you can revise your return if it is under the time boundation i.e. revise return can be filed within 12 months from the end of the month in which return was filed as per section 139(5).
And as far as your assessment is concerned time period of AO will be revised as if your revised return is your original return as given by the HON' able Supreme Court in the case of Dhampur Sugar mills. Gist of this case was revised return step into the shoes of original return and all provisions of the act apply accordingly.
what you can do is, you can revise your return if it is under the time boundation i.e. revise return can be filed within 12 months from the end of the month in which return was filed as per section 139(5).
And as far as your assessment is concerned time period of AO will be revised as if your revised return is your original return as given by the HON' able Supreme Court in the case of Dhampur Sugar mills. Gist of this case was revised return step into the shoes of original return and all provisions of the act apply accordingly.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- REGARDING GST ON COMMERICIAL PROPERTY
- Is this income indian or foreign income?
- 15ca /15cb whose income tax login? remitter or nri seller's login?
- RCM applicability on Rent Paid by Registered Person to Unregistered Landlord for Residental Building
- TDS U/S. 194NF
- ITC temporary reversal and reclaim
- GST on export of services and Input Credit
- Regarding Documentation & Compliances for Opening of Unit of Pvt Ltd.
- Applicable TDS rate for sale of property in Nov 2024
- Can we claim ITC of Feb-2024 in the month of November-2024 which was not claimed by oversight
- Is online PGCE worth it?
- ITC c/f from FY2022-23 to FY2023-24 entered the same in table 8C of GSTR9 of FY 2022-23, in FY23-24
- Late filling fees Demand by gst office
- IGST Credit-Show cause notice issued-confusion
- Short and Excess provision of expenses
- Issue of gst e invoice
- Interchangeable words in accounts
- Adjusted profit/Loss in the case of LLP and Pvt. Ltd.company
- How to adjusted advances given or receipt
- Foreign vendor without PAN unable to to register due to non receipt of OTP on foreign number ?
Trending Online Classes
CAclubindia
