Set off of penaly Against TDS

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

05 February 2011 Dear sir

Mr. A has TDS for the for the AY 2008-09 but he didnt filled his return.....
now he want to claim refund of the same....

but if he filled his return there is the penalty of Rs. 5000 and the TDS amount is Rs. 11000.....

Now my Question is weather he is required to pay penalty in cash or can the penalty be adjusted from the TDS amount....

CA Shailesh Kumar Bhagat

CA Shailesh Kumar Bhagat (Expert)
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05 February 2011 If the tax refund is more than Rs. 5000/- ,no need to deposit the penalty amount.You have mentioned TDS amount, what is the net refund amount? It is not necessary to get the TDS amount in refund.

Guest

Guest (Expert)

05 February 2011 In routine, return for A.Y. 2008-09, can not be revised now.

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