Re: Receipt of arrears of salary & refund of TDS thereon

This query is : Resolved

Sohanlal Khatri (Querist)
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20 April 2008 There is a case in which:
1. Receipt of Rs.365200/-(Net of TDS) for Areear of salary from FY 1971-72 to 2003-04.
2. Amount received in October, 2007.
3. There is tax deducted Rs.75300/-
4. Now we want refund of this TDS.
5. For this give me tips that which sections I have to consider and how can i get rfund of whole of the amount and how can I get the Tax Rates & other provisions for computation of tax for all of the relevant assessment years.

CA SHARAD SINHA

CA SHARAD SINHA (Expert)
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21 April 2008 YOU CAN RELIEF U/S 89 WHICH IS DIFFERENCE BETWEEN THE TAX AS PRORATED FOR THE ERIOD FOR WHICH THE ARREARS ARE RECEIVED AND THE TAX APPLICABLE ON WHOLE OF THE INCOME AS COMPUTED FOR THE A.Y.2008-09 AS IF SUCH INCOME WAS EARNED IN THIS YEAR.TAX RATES ARE AVIALABLE IN ANY TAX RECKNOER OR INCOME TAX WEB SITE.

HOWEVER YOU CANNOT TO GET REFUND FOR THE ENTIRE AMOUNT OF TDS FOR CERTAINITY

R.V.RAO

R.V.RAO (Expert)
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21 April 2008 PL. REFER SEC 89 OF IT ACT ,WHICH PROVIDES RELIEF UNDER THE CIRCUMSTANCES STATED BY YOU.
ALSO PL. REFER RULE 21 A FOR COMPUTATION OF RELIEF.
PL. SEE RULE 21AA AND FORM 10 E FOR PRESCRIBED PARTICULARS FOR CLAIMING RELIEF UNDER SEC. 89.
IT DEPT. CIRCULAR NO 331 DT 22/03/1982
AND CIRCULAR NO 431 DT.12/09/1985WILL ALSO BE OF USE.
R.V.RAO

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