Excess TDS

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

04 December 2010 We, as a limited company, during F.Y.2008-09 deducted TDS on foreigh payment and same has been deposited to Govt Account u/s 195 as well as by worng entry same also deposited u/s 194C.

Hence it is an excess/double deposit to the Government.

Can the same is refundable? Is there any procedure?

Pls advice.

CMA. Subhash Kumar Jha

CMA. Subhash Kumar Jha (Expert)
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04 December 2010 Refund of excess TDS paid by the payer can be claimed by applying to ITO (TDS) as per Circular No.285 dated 21.10.1980.
Circular is as below

Circular: No. 285 [F. No. 275/77/79-IT(B)], dated 21-10-1980.
Procedure for regulating refund of amounts paid in excess of tax deducted and/or deductible.
1. The Board have been considering the manner of refunding the amount paid in excess of the tax deducted and/or deductible (whichever is more) under sections 192 to 194D of the Income-tax Act. The Board are advised that such excess payment can be refunded, independently of the Income-tax Act, to the person responsible for making such payment subject to necessary administrative safeguards.

2. In supersession of the earlier instruction on the subject, the following procedure is laid down to regulate the refund of such excess payments.

3. The excess payment would be the difference between the actual payment made by the deductor and the tax deducted at source or that deductible, whichever is more.This amount should be adjusted against the existing tax liability under any of the Direct Tax Acts. After meeting such liability the balance amount, if any, should be refunded to the assessee.

4. Where the tax is deducted at source and paid by the branch office of the assessee and the quarterly statement/annual return (in case of salaries) of tax deduction at source is filed by the branch, such branch office would be treated as a separate unit independent of the head office. After meeting any existing tax liability of such a branch, which would normally be in relation to the deduction of tax at source, the balance amount may be refunded to the said branch office. The Income-tax Officer, who will refund the amount, would be the one who receives the quarterly statement/annual return (in case of salaries) of tax deduction at source from that branch office and keeps record of the payments of tax deduction at source made by that branch.

5. The adjustment of refund against the existing tax liability should be made in accordance with the present procedure on the subject. A separate refund voucher to the extent of such liability under each of the direct taxes should be prepared by the Income-tax Officer in favour of the “income-tax department” and sent to you along with the challan of the appropriate type. The amount adjusted and the balance, if any, refunded would be debitable under the sub-head “Other refunds” below the minor head “Income-tax on companies”—major head “020—Corporation Tax” or below the minor head “Income-tax other than Union Emoluments”—major head “021—Taxes on incomes other than corporation tax” according as the payment has originally credited to the major head “020—Corporation tax” or the major head “021—Taxes on incomes other than corporation tax”.

6. Since the adjustment/refund of the amount paid in excess would arise in relation to the deduction of tax at source, the recording of the particulars of adjustment/refund should be done in the quarterly statement of TDS/Annual return (in case of salaries) under the signatures of the Income-tax Officer at the end of the statement, i.e.,below the signatures of the person furnishing the statement.

In view of the above, it is clear that you can adjust the excess TDS deposited with the Tax Department with the future TDS liability or any other tax liability under the Income-tax Act, 1961 during the same financial year.