TDS refund query


16 April 2009 I have deducted TDS on a contract and have deposited the same. But after 6 months I came to know that the contract has not been materialized and the party has refunded me the money which is actually paid him.

But I have deposited the tax in his name; he is not willing to refund me the same as the income does not accrue to him.

How can I claim this refund with the Income Tax Department?

16 April 2009 Adjust the amount aganist your future liability under the same head i.e 194C.

17 April 2009 Could you please provide some notificateion/circular for doing the same as the exces paid is more than one year earlier


17 April 2009 Pankaj,

You have two options,

01. Give him TDS certificate for the deducted amount.
OR
02. File revised return & adjust the excess TDS to other party.


17 April 2009 The other party is not ready to take the TDS certificate as the income has not accrued to him.

This relates to Arp,08 , we can revise the TDS return but will not be able to adjust in that quarter as the amount is already paid.

Can we adjust with this quarter, if yes than under which notification. Someone told me that we can adjust the same with our Income Tax liabilty but without any realibilty

21 April 2009 There is circular no 15/1995 which gives the option of adjusting excess TDS paid within the same head.

21 April 2009 Please send me the same.
The TDS relates to previous year



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