TDS For AY 2004-05 - can it be claimed now under Appeal.

This query is : Resolved

Rakesh Gupta (Querist)
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29 January 2011 The Income Tax Assessment of ABC Ltd. for AY 2004-05 is under appeal with Tribunal. The company had not been given the credit for TDS due to non-availability of TDS Certificates. However, it has now got the certificates. So can the company claim TDS Credit for the same in the ongoing appeal. The comapny had not claimed the TDS Credit in original Return.

Guest

Guest (Expert)

29 January 2011 Such TDS can not be entertained by ITAT even as additional ground but it can be claimed by claiming belated refund through Chief CIT.

Rakesh Gupta

Rakesh Gupta (Querist)
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29 January 2011 But can the company claim the belated refund now after a lapse of 5 years (TDS belongs to AY 2004-05). And secondly it had not claimed the same in original return.

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Guest

Guest (Expert)

29 January 2011 Every assessee can claim subject to conditions so laid down