15 July 2008
suppose an MR. A has commission income in P.Y 2005-2006 and his TDS has not been deducted by ABC LTD ,then resultantly commission expense will be disallowed to ABC LTD for the P.Y 2005-2006 And same will be allowed in the previous year when he deduct TDS and deposit it into the credit of central govt.(SUPPOSE ABC LTD DEDUCTED TDS IN PY 2008-2009) Now my question is that can MR.A claim TDS in the subsequent previous year(i.e P.Y 2008-2009) he got TDS certificate from ABC LTD.(Mr. A had already filed his return u/s 139(1) FOR P.Y 2005-2006 AND FOR YEAR 2006-2007 AND P.Y 2007-2008)
18 July 2008
SECTION 155(14) OF THE INCOOME TAX ACT SAYS Where in the assessment for any previous year or in any intimation or deemed intimation under sub-section (1) of section 143 for any previous year, 28[credit for tax deducted or collected in accordance with the provisions of section 199 or, as the case may be, section 206C] has not been given on the ground that the certificate furnished under section 203 29[or section 206C] was not filed with the return and subsequently such certificate is produced before the Assessing Officer within two years from the end of the assessment year in which such income is assessable, the Assessing Officer shall amend the order of assessment or any intimation or deemed intimation under sub-section (1) of section 143, as the case may be, and the provisions of section 154 shall, so far as may be, apply thereto :
Provided that nothing contained in this sub-section shall apply unless the income from which the tax has been deducted 29[or income on which the tax has been collected] has been disclosed in the return of income filed by the assessee for the relevant assessment year.
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