Genuine Hardship

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

21 February 2010 Sir,
This is regarding refund of TDS made 3 years back and i was waiting for the TDS certificate and i got the same recently and on filing the Dept denies to issue, Can any way get the refund,,, Is it amounts to Genuine Hardship, can any one quote any caselaw relating to the same situation, Pls help

kiran deshpande

kiran deshpande (Expert)
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22 February 2010 Please refer to the provisions of Sec.155(14) of the IT Act. As per the provisions, if credit for TDS has not been given on the pretext that such certificate was not furnished and if such certificate is furnished within two years from the end of the assessment year, in which such income was assessable, then AO will amend the order & provisions of Sec.154 will be applicable.
Thus, if the TDS was for FY 2007-08, the income becomes assessable in AY 2008-09 & such claim can be made up to 31/03/2011.

CA Sanjeev Kr Jain

CA Sanjeev Kr Jain (Expert)
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22 February 2010 call at 9811274429

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Querist : Anonymous

Querist : Anonymous (Querist)

23 February 2010 thank you sir, but I just wanted to know it can be a valid reason for Genuine Hardship??

Querist : Anonymous

Querist : Anonymous (Querist)

23 February 2010 thank you sir, but I just wanted to know it can be a valid reason for Genuine Hardship??