TDS can it be claimable?

This query is : Resolved

elango rk (Querist)
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23 August 2008 Dear Sirs/friends,

Wishing you a very Good day.

In our Private Ltd Coy, for the F/Y: 2004-05, We deducted an amount of Rs.95,546/- as TDS and we issued Form-16A to the Deductees.

The above liability paid in the foll.F/Y: 2005-06 on 25.05.2005 vide UBI Che.no: 721695.

In the mean time our office staff wrongly paid an amount of Rs.93,378/- on 31.05.2005 vide UBI che.No: 721700.

For the above Rs.93,378/- we have not issued any Form-16A to any body.

Hence, in my opinion it should be treated as an unclaimed tax, deposited paid by us.

We’re keeping that debit amount in our Balance Sheet under the ledger head “ TDS-Debit” for the past F/Y’s: 2005-06,2006-07,2007-08.

Now as a final decision we want to know why it not claimable & how it should be written-off in this f/y: 2008-09.

Kindly share your expert knowledge with us to enable us to save the above unclaimed amount.

Hiral Raja

Hiral Raja (Expert)
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20 November 2008 I think the same is easily claimable. you need to give a detailed letter to the TDS ITO mentioning the error that has inadvertently happened and confirming that Form 16A for the same has not been issued. Also along with this letter you can provide him with:

- an indemnity bond for Rs. 93,378;
- Copy of challan of Rs. 93,378/-