31 July 2008
Dear Sir, One of My Client (Pvt Ltd Company) had filed the return of Assessment Year 2007-08 in due date. its a Refund Case around 1,50,000/-. After 6 months they received one more TDS Certificate for AY 2007-08 from one party around rs.75,000/-. shall i file the revised return or shall i consider that TDS Certificate now & Claim the same for AY 2008-09. Pls Help me out regarding this.
31 July 2008
SECTION 155(14) PROVIDES THE SOLUTION, WHICH READS AS FOLLOWS
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 [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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